Misclassified employees often are denied access to critical benefits and protections they are entitled to by law, such as the minimum wage, overtime compensation, family and medical leave, unemployment insurance, and safe workplaces. Employee misclassification generates substantial losses to the federal government and state governments in the form of lower tax revenues, as well as to state unemployment insurance and workers’ compensation funds.
Resources
Pay and Misclassification
- Myths About Misclassification
- Get the Facts on Misclassification Under the FLSA (PDF)
- Fact Sheets:
- Am I an Employee?: Employment Relationship Under the Fair Labor Standards Act (FLSA) (Fact Sheet #13)
- Coverage Under the Fair Labor Standards Act (Fact Sheet #14)
- Compliance Assistance Page – Fair Labor Standards Act
- Elaws: Independent Contractors
- Know Your Rights Video Series: Misclassification as an Independent Contractor
Health and Safety Concerns on the Job
- Protecting Temporary Workers Webpages
- Nail Salon Worker Rights
- Stay Healthy and Safe While Giving Manicures and Pedicures: A Guide for Nail Salon Workers (page 13 covers employee vs. independent contractor issues in nail salons)
- Training Requirements for Independent Contractors, Mine Safety and Health Division
Unemployment Insurance and Misclassification
- Comparison of State UI Laws - Listing of Unemployment Insurance Coverage Tests
- General Information - Unemployment Insurance Taxes
- Directory of State Unemployment Insurance Tax Offices
- Directory of State Unemployment Insurance Claims Offices
Anti-Retaliation/Anti-Discrimination Rights for Workers
Federal Taxes and Misclassification
- IRS Independent Contractor or Employee? (Publication 1779)
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
- Memoranda of Understanding with Federal and State Agencies on Misclassification
- IRS –DOL MOU
- State MOUs with the Wage and Hour Division
Contact Us: 1-866-4-USA-DOL (1-866-487-2365)