Agreement to Reduce Misclassification of Employees as Independent Contractors Reached Between U.S. Department of Labor and Twelve States Including Massachusetts

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Gilman Law LLP is investigating potential employment complaints against companies who have misclassified workers as independent contractors in order to avoid paying them properly.

California joins a list of other states, including Massachusetts, Colorado, Connecticut, Hawaii, Illinois, Maryland, Minnesota, Missouri, Montana, Utah, and Washington . . . actively working to protect the rights of employees.

Gilman Law LLP, a leading national law firm closely monitoring developments in employment law including recent U.S. Department of Labor and state agreements and U.S. Supreme Court cases, offers free complaint reviews for employees regarding improper employee classification and denial of overtime wages and benefits.

The U.S. Department of Labor’s Wage and Hour Division and California Secretary of Labor have entered into a memorandum of understanding regarding the improper classification of employees as independent contractors. The Department of Labor and state agencies have begun to engage in joint efforts to protect the rights of employees by reducing the practice conducted by some businesses of misclassifying employees and depriving them of benefits.

California joins a list of other states, including Massachusetts, Colorado, Connecticut, Hawaii, Illinois, Maryland, Minnesota, Missouri, Montana, Utah, and Washington, which have signed similar agreements and are actively working to protect the rights of employees.

The U.S. Department of Labor has launched a misclassification initiative under the auspices of Vice President Biden’s Middle Class Task Force with the goal of preventing, detecting and remedying employee misclassification. More information is available on the U.S. Department of Labor’s misclassification Web page at [ __title__ U.S. Department of Labor’s misclassification Web page].

Gilman Law LLP, a national law firm handling employment law cases, is investigating and representing many independent contractors and sales representatives who have been misclassified and who should be deemed employees in many industries, including but not limited to the following: Banking, Pharmaceutical Sales Representatives, Retail, Food Service, Construction, Telemarketing, Trucking, Manufacturing, Hospitality, Technology, and Security.

The United States Supreme Court is also examining misclassification of employees, specifically pharmaceutical sales representatives who claim they were denied overtime wages due to being misclassified as “outdoor salesmen” rather than employees entitled to overtime pay (United States Supreme Court, Docket 11-204). One question before the United States Supreme Court is whether the Fair Labor Standards Act “outside salesman” exemption applies to pharmaceutical sales representatives who promote but do not sell their company’s drugs to physicians. In an amicus brief filed last week, the U.S. Department of Labor (DOL) urged the Supreme Court to find that pharmaceutical sales representatives are not salesmen.

Gilman Law LLP is offering free complaint consultations to employees who may have been misclassified as an independent contractor and denied overtime wages and other employment benefits, including but not limited to employees working as construction workers, delivery/couriers, stocking vendors, maintenance workers, food processing plant workers, dental assistants, waitresses, nail salon techs, nurses, secretaries, landscapers, and many other persons who were not properly classified as employees.

Gilman Law LLP has extensive experience representing clients in a wide variety of legal issues, including federal and state wage and hour violations, antitrust, toxic substances litigation, consumer protection, defective drugs and medical devices, insurance litigation, and securities litigation. More information about the firm’s ongoing investigation of wage and labor violations can be found at

Legal Help for Victims of Independent Contractor Misclassification

Workers illegally classified as independent contractors may be entitled to thousands of dollars in back wages and benefits. If you think your employer wrongly misclassified you as an independent contractor, Gilman Law can help. Free case evaluations are available online at, or call Toll Free at 1-888-252-0048.

About Gilman Law LLP

For over 32 years, the lawyers at Gilman Law LLP have extensive experience representing employment claims including violations of various state laws including in the Commonwealth of Massachusetts and the federal Fair Labor Standards Act (FLSA) and violations of other state labor laws. For more information, please visit Free case evaluations are also available by calling Gilman Law TOLL FREE at (888) 252-0048.


Gilman Law LLP
Beachway Professional Center Tower
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3301 Bonita Beach Road
Bonita Springs, FL 34134
(239) 221-8301
Toll Free 888-252-0048

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Kenneth Gilman