≡Menu

Category Archives: Misclassification

November 03

1099 vs W-2 for Telehealth Providers: What’s the Difference?

As telehealth companies continue to grow, many physicians and clinicians are classified as 1099 independent contractors—but under federal and state law, they may qualify as W-2 employees. Understanding the difference between these classifications is critical, as it impacts everything from overtime pay and benefits to tax obligations and legal protections. DOL’s Six Economic Reality Factors Many factors can distinguish the status of 1099 and W-2 telehealth providers. Under federal law, treating a W-2 employee as an independent contractor is considered…

October 27

Employment, Misclassification

California Gig Worker Misclassification Back in Spotlight With New Legislation

[embed]https://youtu.be/Gg9iwJFtK3Q[/embed] What does the new legislation propose, and how does it affect California gig worker misclassification debates under AB5 and Prop 22? California’s Assembly Bill (AB) 1340 and Senate Bill (SB) 371 together are a monumental legislative package that strengthens the labor protections of gig workers. The bills operate within the framework established by Proposition 22, which, passed in 2020, classifies rideshare drivers as independent contractors. This designation precludes them from protections granted to employees, most notably, the right to organize. Supported by both labor unions and rideshare companies, the new legislation aims to grant drivers new protections while largely…

September 15

Misclassification, Employment

Perdue Misclassification Lawsuit Advances as Judge Allows Collective Claims to Remain

On June 27, 2025, Maryland federal judge J. Mark Coulson denied Perdue Foods' motion to dismiss the claims of seven growers who accused the poultry company of violating the Fair Labor Standards Act (the “FLSA”) by depriving workers of minimum and overtime wages. What Is the Fair Labor Standards Act (FLSA)? The FLSA, which distinguishes nonexempt employees from independent contractors, establishes minimum wage, overtime pay, recordkeeping, and other employment standards…

September 11

Misclassification

Fourth Circuit Upholds $9M Ruling in Nurse Misclassification Case

In a 2-1 decision on Thursday, July 17, 2025, the Fourth Circuit upheld a $9 million judgment against the medical staffing firm Steadfast Medical Staffing (“Steadfast”) for misclassifying more than 1,100 travel nurses as independent contractors, denying them benefits such as overtime pay as a result. The lawsuit is the result of a 2017 investigation by the Department of Labor (“DOL”) which concluded that the nurses should have been classified…

September 10

Whistleblowers, Misclassification

Top 5 Signs that You are a Misclassified Telehealth Contractor

The global telehealth is valued at over $83 billion in 2023 with an expected annual compounding growth rate of 24 percent through 2030, making it one of the largest and fastest growing technology industries in the world. However, with rapid growth comes the possibility of predatory and exploitative business practices. Many telehealth physicians, therapists, and nurse practitioners are classified as independent contractors—but under federal and state law, they may legally…

August 14

Misclassification, Employment

Are Telehealth Physicians Being Misclassified as Independent Contractors? Key Warning Signs for Virtual Care Providers

Expansion of Telehealth Services and Worker Misclassification Risks Since the COVID-19 pandemic, telehealth services expanded nationwide, allowing patients to receive care at reduced costs and allowing providers the ability to use digital platforms to efficiently address the needs of more patients. The rise of telehealth has transformed healthcare delivery, but it has also introduced new risks of worker misclassification. Many telehealth physicians may be improperly classified as independent contractors when…

July 21

Employment, Misclassification

New Portable Benefits Bill Aims to Help Gig Workers, But Worker Classification Still Matters

Senator Bill Cassidy (R- IL) uncovered the Unlocking Benefits for Independent Workers Act to prevent gig worker misclassification. Under this legislation, companies will be able to voluntarily offer portable benefits without employing gig workers and having to pay for unemployment insurance, overtime pay, and workers’ compensation. For some time, there has been a disagreement between labor advocates and large companies like Uber or Lyft over portable benefits. Gig workers have…

July 03

Misclassification, Employment

How the New DOL Opinion Letter Program Could Impact Worker Misclassification Cases

What is an Opinion Letter? Opinion letters are official written interpretations by government agencies regarding the application and enforcement of laws and regulations. Since they are written by government personnel, these letters provide an official guideline for the legal application of existing regulations. "Opinion letters are an important tool in ensuring workers and businesses alike have access to clear, practical guidance," said Deputy Secretary of Labor Keith Sonderling. Department of…

June 26

Misclassification, Employment

New Jersey Enacts Pay Transparency Law: Employers Must Disclose Salary Ranges and Benefits in Job Postings

On June 1, 2025, a new pay and benefits transparency law created by the New Jersey Department of Labor and Workforce Development took effect, requiring certain employers to comply with enumerated job posting requirements. The goal of the new wage transparency law is to increase workplace transparency and support the New Jersey workforce and employee rights through mandatory salary and benefit disclosures. Which New Jersey employers must comply? Employers that…

June 11

Misclassification, Employment

Understanding Independent Contractor Misclassification: The DOL’s Latest Enforcement Signals a Shift

DOL Bulletin Resets the Standard for Independent Contractor Misclassification On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2025-1, which provides new guidance regarding how the WHD is to classify employees and independent contractors under the Fair Labor Standards Act (FLSA). In a Departure from prior guidance impacting independent contractor misclassification, the WHD announced it will no…

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call 866-540-5505 or complete the intake form to email us. To inquire about employment opportunities with Miller Shah LLP, please see our Opportunities page.

Offices Throughout
the United States & Italy

Get Fort Lauderdale Directions

IT Milan

Fax number

866-540-5505

Telephone

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.