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Misclassification of Employees as Independent Contractors
October 20, 2008

On September 29, 2008, Senators Edward M. Kennedy (D-Mass.), Barack Obama (D-Ill.), and John Kerry (D-Mass.) sponsored new legislation aimed at penalizing employers who improperly classify employees as “independent contractors” to avoid paying wages and benefits.

The Employee Misclassification Prevention Act (S. 3648) was introduced on September 29 in the U.S. Senate. A companion bill was introduced in the House of Representatives in May. If enacted, the law would amend the Fair Labor Standards Act to provide for liquidated damages and civil penalties up to $10,000.00 for employers who misclassify employees as independent contractors.
The Indiana employment attorneys at Gibbons Jones, P.C. recently filed a federal lawsuit challenging the classification of exotic dancers as independent contractors.  You can read the newspaper article in the Indianapolis Star describing the lawsuit. 
If you believe that you have been improperly classified as an independent contractor, you may be entitled to unpaid wages and/or overtime. Gibbons Jones, P.C. will provide a free telephone consultation to determine whether you have been misclassified as an independent contractor.


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