The U.S. Department of Labor (DOL) has released a publication containing 12 “myths” regarding the misclassification of independent contractors under the FLSA, and aims to educate workers on how to identify if they are correctly classified as an independent contractor. The publication focuses on “whether the worker is economically dependent on the employer”, and includes myths such as “my employer wants me to be an independent contractor, and that means I am not an employee”, clarifying that an employer “cannot misclassify you for any reason”. Other myths include statements around telework, payroll, and unemployment insurance.
As the DOL continues to scrutinize the classification of employees, employers should carefully evaluate the status of all current workers to ensure they are properly classified.
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To read the DOL’s “Misclassification Mythbusters”, please click here.