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Litigation Services > Synopsis of Litigation Cases > Attorney Work Product Prior to Possible DOL investigation of a Independent Contractor Case |
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Prior to a possible Department of Labor investigation, the expert developed attorney work product based on the employee status as independent contractors or as regular employees. The company had almost 1400 "people working", more than 900 of whom were independent contractors and over 400 of whom were regular employees. After standard analysis of jobs it was recommended that only about 50 people could legitimately be called independent contractors. Most of the others did identical work to regular employees, sat next to employees in the next office, signed in and out with employees, and had the same work rules. One "contractor" celebrated a fifteenth anniversary with the company during our project with a big party and celebration. The work product was produced for outside counsel, who then recommended immediate action to the company avoiding a possible DOL action. The tools used were standard job content and job analysis.
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