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Category Archives: Employment

September 10

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 27

discrimination, Employment

California Reinforces Labor Protections: Workers’ Rights Apply Regardless of Immigration Status

On June 11, 2025, the California Labor Commissioner issued a news release reminding all workers of California labor rights. The Labor Commissioner notice stressed that these protections apply regardless of immigration status. What specific rights are guaranteed to workers under California labor law, and how do they apply to undocumented employees? All employees have the right to discuss their pay and their working conditions with their employer and other employees.…

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 16

Employment

What Is Considered a Hostile Work Environment?

What Is a Hostile Work Environment? A hostile work environment is more than just a toxic atmosphere—it’s a legal standard defined by the severity and frequency of harassment or discrimination based on protected characteristics like gender, race, or age. According to the Equal Employment Opportunity Commission (“EEOC”), and as defined by law, a hostile work environment exists when harassment or discrimination is so pervasive that a reasonable person in the…

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…

May 21

Employment, discrimination

Seattle Public Schools Sued for Pregnancy and Breastfeeding Discrimination

Overview The Washington Attorney General has sued Seattle Public Schools for discriminating against pregnant and breastfeeding employees. This calls attention to the legal obligations employers have under state law and the federal PUMP Act. This article explains the legal protections in place for nursing and pregnant workers, and how Miller Shah LLP helps employees assert their rights when those protections are ignored or violated. Seattle Public Schools Lawsuit The Washington…

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