From Mondaq Employment and HR —
Following an investigation into certain residential treatment facilities for the elderly, disabled and mentally ill, the DOL obtained a default judgment against the husband and wife owners of the facilities for various wage and hour violations under the Fair Labor Standards Act, including an award of liquidated damages.
In Perez v. Carranza (N.D. Cal. May 2014), Helen and Eduardo Carranza owned and operated a number of residential care facilities and engaged independent contractors to care for the residents paying them a flat fee for their services. The DOL concluded as a result of its investigation that the Carranza’s had misclassified them as independent contractors because they regularly directed the caregivers work hours and tasks to be performed, and conducted background checks on the caregivers.
- Avoiding the Feds for Misclassifying Workers (examiner.com)
- The Tax Risks of Misclassifying Employees (nathansgibson.org)
- Don’t Misclassify Workers as Independent Contractors (nathansgibson.org)