MISCLASSIFICATION CLAIMS THREATEN GIG ECONOMY BUSINESS PEPPER@WORK

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Independent Contractor Versus Employee

Independent contractor misclassification claims can arise in two ways: (1) a complaint by a private individual brought before a federal or state government agency or court, alleging that the individual should receive the rights and benefits of an employee; or (2) directly from a federal or state government agency that investigates a company’s classification practices. Complaints brought by private individuals before a court are often filed as class or collective actions and brought on behalf of a group of individuals who are similarly situated.

Misclassification claims by private individuals have asserted various legal theories, based on the position that, if the individuals had been classified properly as employees, they would have received certain rights and benefits that employees receive, such as payment for overtime hours worked, fringe benefits, unemployment compensation and workers’ compensation.

See full article at…

https://www.pepperlaw.com/publications/misclassification-claims-threaten-gig-economy-business-2017-11-06/