A staffing firm providing nurses for health care providers has been fined $140,976 for allegedly misclassifying 41 registered nurses, licensed practical nurses and certified nursing assistants as independent contractors, according to the Department of Labor.
The Illinois-based company failed to pay overtime and failed to make and maintain accurate time and payment records, a DOL release noted.
“When employers misclassify workers as independent contractors, they deny them wages due under the Fair Labor Standards Act – such as overtime – and fail to pay employment taxes or workers’ compensation on their behalf,” explained Wage and Hour District Director Tom Gauza in Chicago. “There are clear conditions that must be met for an individual to be classified as an independent contractor. Employers or workers with questions about whether they are independent contractors or employees should contact the Wage and Hour Division for guidance.”