Misclassified Independent Contractors Entitled to Benefits

By Thomas McKinney

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

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.