The misclassification of employees as something other than employees, such as independent contractors, presents a serious problem for affected employees, employers, and to the entire economy. Misclassified employees are often denied access to critical benefits and protections – such as family and medical leave, overtime, minimum wage and unemployment insurance – to which they are entitled. Employee misclassification also generates substantial losses to the Treasury and the Social Security and Medicare funds, as well as to state unemployment insurance and workers compensation funds.
Alabama
The Wage and Hour Division entered into this agreement with the Alabama Department of Labor with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting coordinated investigations and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Signed: October 2, 2014, amended March 26, 2015
MOU Expiration: October 2, 2017
Alabama Department of Labor
California
The Wage and Hour Division entered into this agreement with the California labor and Workforce Development Agency with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
The effective date of the California MOU is 12/21/11
The expiration date is 12/21/14
California Department of Labor
Colorado
The Wage and Hour Division entered into this agreement with the Colorado Department of Labor and Employment with the specific and mutual goals of providing clear, accurate, and easy-to-access compliance information to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by, as appropriate, conducting coordinated enforcement actions and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to the Memorandum of Understanding
MOU Signed: December 5, 2011
MOU Renewed: December 5, 2014
MOU Expiration: December 5, 2017
Colorado Department of Labor
Connecticut
The DOL’s Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA), and Employee Benefits Security Administration (EBSA) entered into this agreement with the State of Connecticut’s Department of Labor with the specific and mutual goals of providing clear, accurate, and easy-to-access compliance information to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by, as appropriate, conducting coordinated enforcement actions and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Signed: September 19, 2011
MOU Expiration: September 19, 2014
Memorandum of Understanding – Renewal
MOU Renewed: November 20, 2014
MOU Expiration: November 20, 2017
Connecticut Department of Labor
Florida
The Wage and Hour Division entered into this agreement with the Florida Department of Revenue, General Tax Administration with the specific and mutual goals of providing clear, accurate, and easy-to-access compliance information to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information.
Memorandum of Understanding
MOU Signed: January 13, 2015
MOU Expiration: January 13, 2018
Florida Department of Revenue
Hawaii
The Wage and Hour Division entered into this agreement with the Hawaii Department of Labor and Industrial Relations with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Signed: July 20, 2011
MOU Expiration: July 20, 2014
Hawaii Department of Labor
Iowa
The Wage and Hour Division entered into this agreement with the Iowa Workforce Development Department with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Signed: January 17, 2013
MOU Expiration: January 17, 2016
Iowa Workforce Development Department
Illinois
The Wage and Hour Division entered into this agreement with the Illinois Department of Labor with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to the Memorandum of Understanding
MOU Signed: September 28, 2011
MOU Renewed: October 23, 2014
MOU Expiration: October 23, 2017
Illinois Department of Labor
Louisiana
The Wage and Hour Division entered into this agreement with the Louisiana Workforce Commission with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Effective: February 23, 2012
MOU Expiration: February 23, 2015
Louisiana Workforce Commission
Massachusetts
The DOL’s Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA), Employee Benefits Security Administration (EBSA), and Office of Federal Contract Compliance Programs (OFCCP) entered into this agreement with the Commonwealth of Massachusetts, Joint Enforcement Task Force on the Underground Economy and Employee Misclassification through the Secretary of the Executive Office of Labor and Workforce with the specific and mutual goals of providing clear, accurate, and easy-to-access compliance information to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by, as appropriate, conducting coordinated enforcement actions and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to Memorandum of Understanding
MOU Signed: September 19, 2011
MOU Renewed: November 17, 2014
MOU Expiration: November 17, 2017
Massachusetts Department of Labor
Maryland
The Wage and Hour Division entered into this agreement with the Maryland Department of Labor, Licensing and Regulation, Division of Unemployment Insurance, and the Maryland Department of Labor, Licensing and Regulation, Division of Labor and Industry with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting coordinated investigations and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to the Memorandum of Understanding
MOU Signed: September 19, 2011
MOU Renewed: October 17, 2014
MOU Expiration: October 17, 2017
Maryland Department of Labor
Minnesota
The Wage and Hour Division entered into this agreement with the Minnesota Department of Labor and Industry with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Signed: September 19, 2011
Amendment No. 1 to the Memorandum of Understanding
MOU Expiration: October 24, 2017
Minnesota Department of Labor
Missouri
The Wage and Hour Division entered into this agreement with the Missouri Department of Labor and Industrial Relations with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to the Memorandum of Understanding
MOU Signed: September 19, 2011
MOU Renewed: November 1, 2014
MOU Expiration: November 1, 2017
Missouri Department of Labor
Montana
The Wage and Hour Division entered into this agreement with the Montana Department of Labor and Industry with the specific and mutual goals of providing clear, accurate, and easy-to-access compliance information to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by, as appropriate, conducting coordinated enforcement actions and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to the Memorandum of Understanding
MOU Signed: September 26, 2011
MOU Renewal: October 15, 2014
MOU Expiration: October 15, 2017
Montana Department of Labor
New Hampshire
The DOL’s Wage and Hour Division (WHD), Occupational Safety and Health Administration (OSHA), and the Employee Benefits Security Administration (EBSA) entered into this agreement with the New Hampshire Department of Labor and Workforce Development Agency with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Effective: 11/12/14
MOU Expiration: 11/12/17
New Hampshire Department of Labor
Utah
The Wage and Hour Division and the Utah Labor Commission entered into this agreement with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to the Memorandum of Understanding
MOU Signed: September 19, 2011
MOU Renewed: October 6, 2014
MOU Expiration: October 6, 2017
Utah Department of Labor
Washington
The Wage & Hour Division and the State of Washington Department of Labor & Industries entered into this agreement with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
Amendment No. 1 to the Memorandum of Understanding
MOU Signed: September 19, 2011
MOU Renewed: October 27, 2014
MOU Expiration: October 27, 2017
Washington Department of Labor
Wisconsin
The Wage and Hour Division entered into this agreement with the Wisconsin Department of Workforce Development with the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information consistent with applicable law.
Memorandum of Understanding
MOU Signed: December 23, 2014
MOU Expiration: December 23, 2017
Wisconsin Department of Workforce Development
Wyoming
The Wage and Hour Division entered into this agreement with the Wyoming Department of Workforce Services with the specific and mutual goals of providing clear, accurate, and easy-to-access compliance information to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting joint investigations and sharing information.
Memorandum of Understanding
MOU Signed: October 27, 2014
MOU Expiration: October 27, 2017
Wyoming Department of Workforce Services
The Department’s Misclassification Initiative, launched under the auspices of Vice President Biden’s Middle Class Task Force, is making great strides in combating this pervasive issue and to restoring these rights to those denied them. In September 2011, former Secretary of Labor Hilda L. Solis announced a major step forward with the signing of a Memorandum of Understanding (MOU) between the Department and the Internal Revenue Service (IRS). Under this agreement, the agencies will work together and share information to reduce the incidence of misclassification of employees, to help reduce the tax gap, and to improve compliance with federal labor laws.
Additionally, labor commissioners and other agency leaders representing twenty states have signed MOUs with the Department’s Wage and Hour Division, and in some cases, with its Employee Benefits Security Administration (EBSA), Occupational Safety and Health Administration (OSHA), Office of Federal Contract Compliance Programs (OFCCP), and the Office of the Solicitor. (See interactive map of participating states). The Department is actively pursuing MOUs with additional states as well.
These MOUs will enable the Department to share information and to coordinate enforcement efforts with participating states in order to level the playing field for law-abiding employers and to ensure that employees receive the protections to which they are entitled under federal and state law. Employers that misclassify their employees may not be paying the proper overtime compensation, FICA and Unemployment Insurances taxes, or workers' compensation premiums.
Select agencies from the 'In Focus' box to learn more about the role of each in this critical initiative. Select a state from the interactive map to view state information.
