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Michael Kun Quoted in Article, "California Teams with DOL to Fight Worker Misclassification"

Law360, 2/10/2012

Michael Kun, a Member of the Firm in the Labor and Employment practice, in the Los Angeles office, was quoted in an article titled "California Teams with DOL to Fight Worker Misclassification," written by Ben James.

Following is an excerpt:

California has joined 11 other states in partnering with the U.S. Department of Labor to combat the growing problem of employers shortchanging workers by misclassifying them as independent contractors, the agency announced Thursday.

In light of the clear focus on the misclassification issue at both federal and state levels, companies would be well-served to review their deals with independent contractors — as well as the practicalities of their relationships with those workers — and make sure that there are no "indicia of employment," according to Michael Kun of Epstein Becker Green.

Some of the things that businesses should be mindful of are whether they have control of an individual's performance of their job, whether they are dictating the time, manner or place that an individual is performing services, and whether the workers at issue have business cards or uniforms that suggest that they are company employees, Kun said.

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