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Lessons Learned From Worker Classification Cases

Law360 (November 11, 2008, 12:00 AM EST) -- It’s no secret that worker classification is a hot area of class action litigation. Classification cases traditionally involve challenges under the Fair Labor Standards Act in which employees allege their employers erroneously classified them as exempt personnel to avoid paying overtime wages and certain benefits otherwise due.

While FLSA classification challenges have arisen in virtually every industry over the years, recently there has been a steady increase in the number of class actions involving the misclassification of workers as independent contractors. Companies utilizing independent contractors should...
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