Brian Nugent

Brian Nugent

Brian Nugent represents employers throughout the United States in labor and employment matters, as well as corporate formation, contracts, unemployment taxation, and M&A. His focus includes advising human capital and human resources outsourcing companies such as professional employer organizations (PEOs) and temporary staffing companies, that frequently retain him to assist with all of their legal and regulatory needs, including forming the legal entities, licensing in more than 40 states, client service agreements, employee handbooks, workers’ compensation insurance, benefits and general employment matters. He is also frequently retained to represent buyers and sellers in transactions in the employment outsourcing industries, and has been retained on a number of occasions to assist buyer’s counsel with the particular due diligence issues in these industries. Formerly the chief legal officer for two large, national companies operating in the employment services sector, his experience provides him with an invaluable understanding of the legal issues faced by employers as well as their preferred options for resolution.

Subscribe to all posts by Brian Nugent

Cracking Down on Employers Misclassifying Employees as Independent Contractors

New Jersey has joined California and New York City by adding significant new penalties and requirements on employers doing business in the Garden State, including new penalties for misclassifying workers as independent contractors and new posting requirements effective April 1, 2020. Illinois, New York, Oregon, Washington, Wisconsin, and Florida considered various forms of legislation on worker misclassification in 2019, and … Continue Reading

Rocky Mountain Employers: Brace for Sweeping Changes to Compensation and Minimum Wage Laws

Employers operating in the Rocky Mountain region need to pay close attention to the 2020 Administrative Order issued by the Colorado Department of Labor and Employment (CDLE) mandating broad changes to employee compensation and rights. It is different than similar orders issued previously, and makes significant changes to wage and hour laws in Colorado. CDLE recently adopted the Colorado Overtime Continue Reading

Employers Receive Guidance in DOL Final Joint Employer Rule

Effective March 16, 2020, employers will be able to use a four-factor balancing test in determining joint employment status under the Fair Labor Standards Act (FLSA), based on the new final rule adopted by the Department of Labor (DOL).

The joint employer final rule is the first restatement of the DOL’s joint employer regulations in more than 50 years, and … Continue Reading

PEOs, Staffing Companies: Watch Proposed New Joint Employer Rule

Professional Employer Organizations, franchisors, business advisors, and staffing agencies should take a close look at their contracts if the Department of Labor’s proposed new standard for what constitutes a joint employer becomes final. The proposed rule implements a new four-factor test to evaluate whether a joint employer relationship exists.

The DOL’s proposed rule reflects the new administration’s narrower perspective of … Continue Reading

LexBlog