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Expert Analysis

6th Circ. Is Making Sure Misclassification Goes To Trial

Law360, New York (April 23, 2015, 12:23 PM EDT) -- The use of independent contractors has come under attack in recent years. For example, several states have passed laws or proposed legislation increasing the penalties on employers who misclassify employees as independent contractors. Likewise, the U.S. Department of Labor and other federal and state agencies closely scrutinize and aggressively investigate independent-contractor classifications. Courts also have joined the fray by limiting the use of independent contractors and judicially expanding the definition of "employee."...

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