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Judgment Entered Against Company Misclassifying Workers as Independent Contractors

1/31/2022

 
A federal court issued a judgment against a medical staffing agency, requiring the company to pay unpaid wages and liquidated damages to over one thousand nursing aides, licensed practical nurses, and registered nurses.  The Court found that the employees had been misclassified as independent contractors instead of employees.  This misclassification cost the employees millions of dollars in overtime wages that the employees were entitled to by paying straight time wages instead of time-and-a-half overtime wages for their hours worked over forty in a workweek.  This alleged conduct is a violation of the Fair Labor Standards Act, which requires that non-exempt employees receive time-and-a-half overtime wages (regardless of whether they have been misclassified as independent contractors).  See U.S. DOL v. Medical Staffing of America, LLC, No. 2:18cv226 (E.D. Va.).

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