Business Law

Business Law News 2019, Issue 2

The ABC’s of Employment: Sports Industry Misclassification Issues in the Era of Dynamex

Adam F. Sloustcher, Esq. and Jason A. Fischbein, Esq.

Adam Sloustcher of Fisher & Phillips LLP represents local, regional, and national employers in a broad range of employment disputes, including single-plaintiff discrimination, harassment, retaliation, and wrongful termination matters and wage-and-hour class actions. Adam also specializes in counseling employers on how to prevent lawsuits altogether. Adam is based in San Diego, California, but also serves clients in Northern California—where he grew up and where he played professional soccer for the San Jose Earthquakes.

Jason Fischbein is an associate in Fisher & Phillips LLP’s San Diego office. He represents and counsels employers in all aspects of labor and employment law, including employment discrimination, wrongful termination, harassment, retaliation, and wage-and-hour class action lawsuits. Jason is a native San Diegan who volunteers locally as a baseball coach in his spare time.

For years, employers in the sports industry have reaped the benefits of classifying workers as independent contractors. These advantages include massive savings on labor costs, unemployment insurance, workers’ compensation, taxes, and benefits, as well as avoiding liability relating to most wage-and-hour and discrimination laws, and issues under Occupational Safety and Health Administration (OSHA) and immigration laws. Recently, however, the criteria for how an employer classifies its workers has become the subject of hotly-contested litigation.

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