Kitzer Rochel, PLLP is proud to announce that partner Brian Rochel was recently quoted in Law360 Employment Authority in an article covering the upcoming Eighth Circuit arguments on Minnesota’s construction worker classification law.

The case—Minnesota Chapter of Associated Builders and Contractors Inc. et al. v. Nicole Blissenbach et al.—challenges a 2024 law establishing a 14-factor test for determining whether construction workers are properly classified as independent contractors. Trade groups argue that the statute is too vague to enforce, while the State of Minnesota contends the plaintiffs lack standing to bring the challenge.

In his comments, Brian explained that the dispute raises a fundamental question: whether the law creates a “tough but clear compliance standard” or instead a “vague, punitive approach” that contractors cannot realistically follow. He also noted that the Eighth Circuit may weigh whether contractors must begin complying now or whether courts should take a “wait-and-see” approach.

This litigation has important implications for Minnesota workers and employers. Worker misclassification can deprive employees of critical protections like minimum wage, overtime pay, and benefits, while also creating compliance uncertainty for employers.

The full Law360 article, “8th Circ. To Weigh Minn. Classification Challenge” (Sept. 12, 2025), can be accessed here.