2010 August Chapter Meeting
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Independent Contractors Under a Microscope: Worker Classification- the Latest Developments
Tuesday, August 17, 2010  | 4:00pm - 7:30pm | Cobb Galleria Centre

The Internal Revenue Service is in the process of auditing approximately 6,000 employers to determine if workers are properly classified. Miclassification legislation that would amend the Fair Labor Standards Act and significantly curtail the current "safe harbor" defense is currently pending in Congress. The federal Department of Labor has announced both new enforcement efforts and a new misclassification strategy. State enforcement efforts, including in Georgia, continue to escalate. Are you ready?

This session will discuss the latest federal and state developments in this area, targeted industries, key recent cases/legislation, and what specific preventative steps you need to take now to prepare for an audit and avoid litigation.

Moderator: Greg Hare, Employment Lawyer, Ogletree Deakins


-Kevin Hishta, Shareholder, Ogletree Deakins

-Margaret Santen Hanrahan, Shareholder, Ogletree Deakins

Greg Hare has been an employment lawyer at Ogletree Deakins his entire career, ever since 1991. He assists companies with human resources and employment-related litigation matters, including wrongful termination claims, sexual harassment, employment discrimination, employment contracts, trade secrets, and noncompete agreements. He advises clients on a wide range of human resources topics, such as employee discipline and discharge, wage payment, family and medical leave, disability law, military leave, affirmative action and reductions in force.


Kevin Hishta has been practicing labor and employment law since 1982. He represents employers throughout the country in a wide variety of labor and employment law matters. Such representation involves employment-related litigation in federal and state courts, including class actions and franchise and independent contractor litigation. In addition, he handles affirmative action planning and compliance, including extensive involvement with “glass ceiling” issues and Office of Federal Contract Compliance Programs (OFCCP) compliance reviews, restrictive covenant matters, labor arbitrations and negotiations, union campaigns, and mediations. He has also published numerous articles on labor and employment issues and is a frequent speaker on such topics.

Margaret Hanrahan has been practicing labor and employment law since 2004 and has counseled and/or assisted clients across the country on a variety of labor and employment litigation matters. This commonly includes defending collective action lawsuits under the FLSA, including independent contractor misclassification actions; conducting comprehensive national wage/hour and wage/payment audits, while counseling companies on limiting their liability under both federal and state wage/hour and wage/payment laws; conducting nation-wide audits of companies’ employment policies and practices for both federal and state law compliance; investigating and defending EEOC charges filed against companies; defending and investigating Title VII, FLSA, ADEA, FMLA, and ADA lawsuits; and drafting employment contracts, policies, and employee handbooks.