ALJ Underscores ‘Employee’ Test Burden For OSHA, Scrapping Citation

Employer attorneys are highlighting a recent decision by an Occupational Safety and Health Review Commission (OSHRC) judge as a rare signal of the agency’s burden to show workers should be considered employees and not contractors under the OSH Act, just as the Labor Department is weighing a new rulemaking to define those categories. The decision in Secretary of Labor v. Nemeckay’s Roofing and Home Improvement Company provides “a very extreme example” of what can be a thorny and case-specific...