White Paper

5 Pages
  • 5 Pages

Seventh Circuit Revisits Contractor Misclassification


If you use independent contractors this decision serves as a useful reminder.

U.S. courts have struggled for more than 20 years with independent contractors and the misclassification thereof. One reason is because there isn’t a standardized test to help decide if someone is a contractor. Businesses that work with contractors on a regular basis need to accept that the law in this area is quickly changing … and a nearly all of the trends are siding with the classification of workers as employees. This white paper reviews the recent Simpkins decision and what was learned from it.



Hannesson I. Murphy

Hannesson I. Murphy

Barnes & Thornburg LLP

  • Partner in Barnes & Thornburg LLP’s Indianapolis, Indiana office and a member of the firm’s Labor and Employment Law Department
  • Represents employers in virtually all aspects of the employment relationship with their employees, including counseling employers with respect to the hiring, discipline and separation of employees, and if necessary, the representation of employers in connection with litigated disputes
  • Represented employers in a wide variety of matters before state and federal courts, administrative agencies, and in arbitration, including individual and class or collective action claims relating to issues such as discrimination, harassment or wrongful discharge, alleged violations of the terms and conditions of employment, unemployment claims, wage and hour claims, and litigation concerning noncompetition and nonsolicitation agreements
  • Active in the legal community and recently served as the chair of the Employment Law Section of the Defense Trial Counsel of Indiana
  • Admitted to practice in Indiana, Florida, the District of Columbia, the U.S. Supreme Court, the Seventh and Eleventh Circuit Courts of Appeal, and all U.S. District Courts for Indiana and Florida
  • B.A. degree in international relations, cum laude, Florida International University; J.D. degree, cum laude, Miami School of Law

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