Photo of T. Matthew Miller

Matt Miller has nearly 20 years of experience representing and advising management in all areas of labor and employment law, including anti-discrimination laws, wage and hour law, ERISA, OSHA, and covenants not to compete. He regularly advises clients on preventive measures, including creation and revision of policies and procedures, and represents clients in court cases in federal, state and administrative forums.

Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor StatusOn January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic reality test was intended to make it easier for employers to classify certain workers as independent

Who’s the Boss? U.S. DOL Issues Final Rule on Independent Contractor StatusEmployers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from state to state. In the end, the answer typically depends on how much risk the employer is willing to take. In

‘Tis the Season — Year-End Reminder of 2020’s FLSA Salary Threshold Increase and What You May Need to Check NowRemember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the DOL’s salary threshold increases that took effect January 1, 2020.  In January, we anticipated that this would be