speaker-photo

Brian Barger

Partner - McGuireWoods, LLP

Brian Barger is a labor and employment partner at McGuireWoods LLP with 30+ years of experience, focused on federal affirmative action law and strategic employment risk management. Mr. Barger defends clients in affirmative action systemic discrimination enforcement claims, audits, and complaint investigations throughout the country. He also regularly works on preparing affirmative action plans and counseling clients regarding applicant tracking and selection system design, diversity initiatives, compensation analyses, and pre-employment testing. Mr. Barger received his undergraduate (B.A., 1987) and law (J.D., 1990) degrees from the University of Virginia, both with honors, and is a member of the Charlotte ILG.

NILG presentations: 2023 National ILG Meeting (8/3/22): "Diverse Slate Policies: Tackling the Models and Risks of the NFL 'Rooney Rule' in Hiring"; 2022 National ILG Meeting (7/27/22): Disparate Impact Discrimination Law, Lore, Lies and Liability; 2021 National ILG Meeting (8/1/21): No Good Deed Goes Unpunished: Legal Issues and Risk Considerations in Implementing ERGs; (2019 National ILG Meeting (7/30/19): Let’s Play Jeopardy: OFCCP Questions and Answers; 2018 National ILG Meeting (8/1/18): Temp to Perm: Practical Issues and Options for Addressing Compliance; 2017 National ILG meeting (8/3/17): Corporate Diversity Initiatives, Evaluating and Managing Relative Component Risk.

3:00 PM – 4:15 PM

Tuesday, July 30

Workshop 4

Animal, Vegetable, Employee, or Contractor? – New DOL Independent Contractor Test for 2024
Brian Barger and Sarah Wake, McGuireWoods LLP

After extensive rulemaking input, DOL is expected to finalize a new worker classification regulation in 2024 that determines whether an individual is an employee or an independent contractor under the FLSA – impacting the estimated 59 million people in the United States who perform “1099 work.” This presentation will provide an overview of the prior DOL independent contractor legal test, a detailed walk-through of the new test, and an interactive audience discussion “game” of hypotheticals.