Workplace Alphabet Soup

FLSA and DOL Rules on Worker Classification and NLRA Limits on Social Media Restrictions

The arts world has always been a mix of W-2 employees and 1099 independent contractors, heavy on the latter. But the pandemic and the Great Resignation brought the workplace to a new frontier across industries. Remote and hybrid workplaces, flexible schedules and the influx of gig workers and solopreneurs has made the complicated classification of workers even more challenging.


Misclassifying W-2 employees as 1099 contractors is a serious and expensive violation of the Fair Labor Standards Act (FLSA) and Department of Labor (DOL) rules. Similarly, employers who treat as exempt from overtime employees who are nonexempt and entitled to overtime pay face significant penalties. Employers also face increasing claims for overbroad restrictions on employee social media when they interfere with employee rights under the National Labor Relations Act (NLRA) to discuss terms and conditions of employment.


Join Lawyers for the Creative Arts for this interactive presentation covering legal compliance, risk avoidance and practical tips for employers with employment attorney Lori Goldstein.

About the Speaker:

Lori A. Goldstein, the Law Offices of Lori A. Goldstein

An employment lawyer since 1984, Lori has a unique practice representing both employers and employees on a wide range of workplace issues, including discrimination and sexual harassment, wage-hour issues, worker classification, reductions-in-force, hiring and firing, non-competes, and severance and employment agreements.

She conducts management training and compliance audits, regularly presents and writes on employment topics, and handles claims before the Equal Employment Opportunity Commission, Department of Labor, and other administrative agencies.

Awards include Super Lawyers Illinois 2016-2023, Super Lawyers Illinois 100 Top Attorneys 2017, 2019, 2020, 2022, and 2023, and 50 Top Female Attorneys 2017, 2019-2023. Rated “Superb” (highest rating) by AVVO

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