The U.S. Department of Labor and the California Labor Commissioner’s Office aggressively pursue claims against employers for improper classification of independent contractors. The analysis for determining whether a worker can be properly classified as an independent contractor rather than an employee is complex. Outside counsel should be consulted to assist the employer in making such determinations. As a general matter, an employer can classify workers as independent contractors only if they truly meet the criteria for independent contractor status. If criteria are not met then the employer must hire and classify such workers as employees who must […]