An Ounce of Prevention: Reminders for Minimizing the Risk of Independent Contractor Misclassification

Brian Balonick, Tiffany Jenca, and Bryant Andrews, all of Cozen O'Connor's Labor & Employment department, wrote an article for the Pittsburgh Human Resources Association about the FLSA and the Pennsylvania Minimum Wage Act. Both the Department of Labor and various courts have recently concluded that some so-called independent contractors are actually employees covered by federal and state wage and hour laws such as the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. Misclassifying these workers as independent contractors, rather than employees, can result in costly and complex lawsuits. Therefore, it is important for companies to routinely evaluate how they use, and pay for, contracted services.

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Tiffany A. Jenca


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