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What is "misclassification"?

“Misclassification” refers to a worker who is an employee under the law but is incorrectly classified as something other than an employee (usually an independent contractor). Most federal and state labor laws protect workers who meet the laws’ definitions of “employee.”

Employee or Independent Contractor?

The Department of Labor supports the use of legitimate independent contractors - who play an important role in our economy - but when employers deliberately misclassify employees as independent contractors in an attempt to cut costs, everyone loses.

Misclassification Affects Everyone

Where can I get more Information?

Pay and Misclassification
Health and Safety Concerns on the Job
Unemployment Insurance and Misclassification
Anti-Retaliation/Anti-Discrimination Rights for Workers
Federal Taxes and Misclassification
Health Care and Retirement Benefits - Information on Employer-Sponsored Benefit Plans

Information on Federal Laws Related to Employment Based Group Health Plans

Information on Federal Laws Related to Private Sector Employer- Sponsored Retirement Programs

Resources for State and Federal Governments
Other Resources/Information