Written by: Mark McAndrew
First, the Workplace Transparency Act (WTA) now affords non-employees, like independent contractors, protection from discrimination and harassment. Damages could include attorneys’ fees.
Second, the test for classifying workers as employees presumes an answer of “yes” unless an employer can demonstrate three factors, commonly known as the “ABC” test. This test arose from litigation in California (Dynamex Operations West, Inc. vs. Superior Court of Los Angeles) but has already gained limited acceptance in Illinois. The expansion of the “gig” economy provides for future expansion of the ABC test since more workers will be afforded employee status.
Rathje Woodward advises clients on a broad range of employment and labor matters, including compliance, policies and procedures, internal investigations, administrative proceedings, collective bargaining negotiations and disputes, union avoidance policies and litigation defense. If you have questions about how these new laws may impact your business, contact Mark J. McAndrew, Emily A. Shupe, Raymond J. Sanguinetti or John R. Zemenak at 630-668-8500.
For more information regarding Rathje Woodward’s employment practice and its attorneys, please visit www.rathjewoodward.com.