Ashley Cannady Breaks Down Worker Classification Under New DOL Rule to Law360

Ashley Cannady, partner in the firm’s Jackson office and member of Balch’s Labor & Employment Practice, was quoted by Law360 regarding compliance with a new rule set to take effect March 11, which assesses worker classification as independent contractors or employees.

In the article, published March 7, Ashley discussed actions employers should take to ensure compliance with the U.S. Department of Labor’s new six-factor economic reality test for worker classification. 

In her interview, Ashley explained the process of reclassifying independent contractors as employees and how it may entail creating new employment agreements and accessing appropriate state and federal tax filings, along with other administrative duties.

"Employers should have already started an audit of their current independent contractor agreements and also consider changing any form agreements to comply with the rule," Law360 quoted Ashley as saying. 

Ashley also mentioned that when deciding which category is suitable under the new rule, employers can refer to the wording of the regulation.

"The rule contains a lot of guidance as to each factor, which is helpful and certainly not always the case when a new rule is issued," Ashley was quoted as saying.

Ashley focuses her practice on labor and employment litigation, providing advice to employers on all areas of work-related legal exposure, and business litigation. With a proactive approach, she helps her clients remain compliant with applicable laws. Her client roster crosses many sectors, including financial services, hospitals, telecommunications, construction companies, poultry plants, restaurants, hotels, and casinos. She takes the time to get to know and understand the unique challenges her clients face in order to fully appreciate how labor laws may affect them.

Ashley has been recognized in Labor & Employment law by Chambers USA and The Best Lawyers in America®, and as a “Rising Star” by Mid-South Super Lawyers. She has also been named a “Top 50 under 40” by the Mississippi Business Journal.