Most people who seek legal help are facing a crisis. Whether they are getting a divorce, fighting criminal charges or struggling to pay the bills, they need sound advice from lawyers who will listen carefully and make sure they understand their options. People also need to know that someone cares about the outcome of their legal matter. The attorneys at Morton Law Group understand these needs and work hard to provide legal guidance and caring support.
The firm provides dedicated representation to individuals, families and small businesses in Arkansas in a broad range of legal areas. We intentionally focus our commercial practice on small and medium sized business, with respect to all manner of business needs, including transactional and litigation matters. Our experienced team is equipped to provide big law representation on a small business budget. Speak with one of our attorneys and you will see that he cares about the outcome of your case and your well-being. Please contact the firm online to schedule an initial consultation with our Fayetteville criminal defense and family law attorneys.
We are a full-service legal team offering criminal defense, civil litigation and more to all of Northwest Arkansas.
In the wake of increased government regulation including the Affordable Care Act, many employers have misclassified their employees as “contractor workers.” In response, the Department of Labor (“DOL”) has issued an Administrator’s Interpretation to clarify the difference between employees and contract workers. The Fair Labor Standards Act (“FLSA”) broadly defines the term “employ” as “to suffer or permit to work.” The DOL uses this definition, and has reemphasized that “most workers are employees under the FLSA’s broad definitions.” In addition to the FLSA definition, the DOL endorses the “economic realities test” used by courts to determine if an individual is an employee or a contract worker. The economic realities test considers many factors, including: (1) the extent to which the work performed is an integral part of the employer’s business; (2) the worker’s opportunity for profit or loss depending on his or her managerial skill; (3) the extent of the relative investments of the employer and the worker; (4) whether the work performed requires special skills and initiative; (5) the permanency of the relationship; and (6) the degree of control exercised or retained by the employer. Although these factors are all considered together and no one factor is dispositive as to classification, courts have historically viewed the employers degree of control over the work performed and the employee/worker as the most important when determining if one is an employee or a…...