Jennifer Brand has been named the new Associate Solicitor for the Fair Labor Standards Division of the Department of Labor (“DOL”) and will start in her position March 2, 2011. Ms. Brand is moving to the Associate Solicitor job from her current position as the Executive Director of the Misclassification Task Force at the New York State Department of Labor. Previously, she served 20 years in the Labor Bureau of the New York State Attorney General’s office first as a staff attorney, then Section Chief, Deputy Bureau Chief and finally as Bureau Chief. Ms. Brand has extensive litigation experience, both trial and appellate, in wage hour cases arising under New York’s Fair Labor Standards Act and the state’s mini Davis-Bacon Act.
The choice of Ms. Brand, with her leadership and experience on the Misclassification Task Force, is in line with the DOL’s stated enforcement priority regarding employers that misclassify their workers as independent contractors. Just recently, among other steps being taken by the DOL in its misclassification initiative, DOL Solicitor Patricia Smith announced at the Practicing Law Institute’s February 7 “Managing Wage & Hour Risks 2011” conference, that the DOL was in the process of negotiation a Memorandum of Understanding with the Internal revenue Service so that the two agencies could share information on misclassified worker matters.