Scott McLaughlin Quoted in “Houston Chronicle” on Independent Contractor Conundrum

September 14, 2015 | Mentions



In the article, titled "Who's the boss is key question," Scott said that the "federal eye is turning" toward more aggressive scrutiny of whether a person is properly classified as an "independent contractor" rather than "employee." He cited a recent crackdown by the U.S. Department of Labor on the misclassification issue and a closely watched decision by the National Labor Relations Board that expanded the definition of joint employment. That ruling, along with a recent case in which the California Employment Development Department determined that a former Uber driver was an employee rather than an independent contractor, could have tremendous implications for the growing number of businesses that rely upon contract workers. "I don't remember anything more significant than this," Scott said, referring to his twenty years of practicing management-side employment law and the various changes that have occurred over those years. Scott began his practice as a labor/employment lawyer, and he still represents companies in all aspects of labor/employment matters, particularly multiple plaintiff classification cases under the Fair Labor Standards Act. He has also developed significant experience in breach of fiduciary duty and fraud litigation, with extensive trade secret/noncompete litigation, as well as shareholder litigation experience in the context of closely held companies. Scott received his B.S. from Rice University and his J.D. from the Paul M. Hebert Law Center at Louisiana State University.