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Category Archives: Misclassification

September 15

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…

May 22

Misclassification, Employment

Misclassification in the Fashion Industry: How Creative Professionals Are Being Denied Basic Worker Protections

The misclassification of employees as independent contractors is a serious labor issue which often deprives workers of essential rights and protections like overtime pay, paid time off, unemployment insurance, and other key benefits only required by law to be provided to employees. While workers in any industry can suffer from employee misclassification, contractors and freelance workers in creative industries like fashion and design are often particularly vulnerable to this unlawful…

April 01

Employment, Misclassification

New York Senate Approves Bill to Combat Employee Misclassification

On March 4, 2025, the New York Senate unanimously passed Senate Bill S1514, which gives the Commissioner of New York’s Department of Labor (NYDOL) the authority to issue stop-work orders to employers that knowingly misclassify employees as independent contractors. In addition, the bill permits the Commissioner to issue stop-work orders to employers for providing false, incomplete, or misleading information to an insurance company regarding the number of employees the employer has.…

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