Legal Blog

OK at Work: The Department of Labor’s 2024 Classification Ruling

On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the Department of Labor’s (DOL) 2024 final rule for classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). This new rule rescinds the 2021 rule, which emphasized examination of a company’s control over the work and the worker’s opportunity for profit or loss when assessing whether a worker is an employee or contractor. Under the new rule, the DOL returns to a collective analysis of several factors, including the previously emphasized factors but also including factors like the permeance of the working relationship between the worker and the company, whether the work performed is an integral part of the company’s business, and the specialized skills needed to perform the role. Listen to learn more!


Russell Berger is a business counselor serving the needs of small and mid-sized businesses as an outside general counsel and as a labor and employment attorney. As outside general counsel, Mr. Berger is a strategic partner who helps growth-minded clients navigate the opportunities and challenges, seen and unseen, that come with running a business. A thoughtful and proactive problem solver, he leverages the resources of Offit Kurman to provide the exact experience and knowledge that clients need on a range of matters. As a top-rated labor and employment attorney, Mr. Berger provides business counsel to employers on employee matters. He is well-versed in litigating in both state and federal courts.




ABOUT SARAH SAWYER | 410.209.6413

As an experienced business advisor and litigator, Sarah works with business owners at all stages of running their business, from starting their business and implementing policies and practices that keep their businesses running smoothly to helping them avoid expensive legal battles and fighting for them when litigation arises. Sarah focuses on, among other things, providing her clients with general business counsel, drafting and analyzing complex contracts, mergers and acquisitions, employment compliance, dispute resolution, and litigating all aspects of civil and commercial disputes.

With a diverse background of representing an array of business clients in private practice and working as in-house counsel, Sarah recognizes the importance of understanding all aspects of a client’s business when providing advice, whether compliance, litigation, or business strategy related. When counseling clients, she takes the time to understand the ins and outs of her client’s business and employs a holistic approach when addressing their legal needs and concerns.