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Combating Independent Contractor Misclassification in the States

Models for Legislative Reform

By The National Employment Law Project

Workers whom employers misclassify as independent contractors may be deprived of benefits and protection under minimum-wage, workers' compensation, and other labor laws. Abuses are particularly rampant in the construction and day labor sectors. In recent years states adopted a range of approaches, including writing into law a presumption of employee status, to address independent contractor misclassification. Similar bills are pending in other states.

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