Page 12 - Misclassification of Independent Contractors Booklet

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Conclusion:
The DOL’s guidance underscores the agency’s heightened skepticism of independent contractor classification and the continued push to focus on the alleged misclassification of workers. The memorandum signals the DOL’s intention to aggressively pursue enforcement actions against companies that
utilize independent contractors. California courts and agencies appear to be headed in the same direction, with a rise in class actions alleging willful misclassification.
If you have any questions or would like to arrange time to discuss any of these issues, please do not hesitate to contact your Sheppard Mullin attorney or Paul Cowie (pcowie@sheppardmullin.com), Labor and Employment Partner and Managing Partner of the Silicon Valley office.
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