Independent Contractor Misclassification – Potential Litigation

Chimicles & Tikellis is investigating potential lawsuits on behalf of workers who have been improperly classified as independent contractors rather than as employees. The United States Department of Labor recently issued new guidelines that clarify and expand the scope of who qualifies as an “employee” for purposes of the Fair Labor Standards Act and other laws. Workers who have been misclassified as independent contractors may not have received overtime, minimum-wage, and other benefits to which they are entitled. The following workers may be misclassified as independent contractors:

  • Cable television, phone, and internet installers
  • Maids
  • Private security guards
  • Warehouse workers
  • Certified nursing assistants (CNAs)
  • Window installers
  • Fiber optic installers
  • Drywall installers
  • Garment workers
  • Carpenters
  • Painters
  • Janitors
  • Exotic dancers
  • Police officers employed on a temporary basis
  • Grocery baggers
  • HVAC technicians
  • Dock and warehouse workers
  • Welders
  • Ultrasound technicians
  • Licensed practical nurses (LPNs)
  • Vehicle operators transporting school children or children with disabilities
  • Package deliverymen and women
  • Call center employees
  • Telecommuters and those who work remotely
  • Editors for publishing houses

If you have been classified as an “independent contractor” by your employer, please use the “Email us about this Case” button to discuss this investigation.

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