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Rachel Demarest Gold Employer Risk Alert: 1099 Misclassification & Boar’s Head Appellate Win

Home > Media > News > Rachel Demarest Gold Employer Risk Alert: 1099 Misclassification & Boar’s Head Appellate Win

Abrams Fensterman, LLP is proud to share that Partner and Director of the Employment & Labor Law Practice, Rachel Demarest Gold, has been featured in amNY Law with her latest Employer Risk Alert: You Can’t ‘Choose’ a 1099, and the ‘Boar’s Head’ Decision.”

 

Rachel delivers a clear message to employers: worker classification is not a business preference, it is a legal determination subject to rigorous, multi-agency scrutiny.

 

The article highlights our firm’s appellate case involving Boar’s Head Provisions, where the court revived Labor Law claims brought by distributors despite their designation as “independent contractors.” The decision reinforces a critical point under New York law: when a company exercises meaningful control over how work is performed, classification as an independent contractor may not withstand legal challenge.

 

Key Takeaways for Employers:

  • Misclassification risk is rising—and actively enforced
  • Labels alone do not determine independent contractor status
  • Written agreements with freelancers are now mandatory statewide

Read Rachel’s full article as published in amNY Law.

 

Boar’s Head Case Coverage & Employer Risk Guidance

 

This latest feature adds to the growing media presence, including coverage in the New York Post and the New York Law Journal, particularly following Abrams Fensterman’s litigation success on behalf of distributor clients in the Boar’s Head matter.   Read more about the Boar’s Head worker misclassification case.

Rachel Demarest Gold, Esq. is a Partner and Director of Abrams Fensterman’s Employment & Labor Law Practice, representing clients in complex workplace and misclassification disputes. As part of the firm’s ongoing Employer Risk Alert series, Rachel continues to provide practical, real-time guidance to help employers navigate evolving labor and employment risks. She is counsel in the firm’s Boar’s Head distributor litigation, a closely watched case involving independent contractor classification and control.

 

Contact Our Law Firm

For more information about Abrams Fensterman’s Employment & Labor Law Practice Group, please contact Rachel Demarest Gold, Esq., Partner and Director, at (516) 328-2300[email protected], or visit www.abramslaw.com.

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For further information about our experience, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.