Misclassified Independent Contractors Entitled to Benefits

Congress is considering new legislation called the Employee Misclassification Prevention Act (EMPA).  The EMPA would provide independent contractors who should have been classified as employees with benefits that they are not currently entitled to as independent contractors. This legislation would modify the Fair Labor Standards Act and allow penalties for against employers for improperly labeling workers as independent contractors.  Also, the EMPA would create a legal presumption that an independent contractor is actually an employee if the employer fails to keep accurate records regarding the worker.

December 17, 2010 – Castronovo & McKinney – Tom McKinney