In this country, the rights you get as a worker — like overtime pay, a safe workplace and the right to organize into a union — depend on a seemingly simple question: Are you an employee? If the answer is yes, you get a plateful of rights and protections under federal and state law. If the answer is no — meaning you’re an independent contractor in business for yourself — the plate is empty.

When employers misclassify their employees as independent contractors, and avoid providing the rights and protections various labor laws require, individual workers get hurt. Taxpayers suffer too, with billions in revenue lost from programs like workers’ compensation and unemployment insurance.

Michael Felsen served as New England Regional Solicitor for the U.S. Department of Labor from 2010-2018, capping a thirty-nine-year career as an attorney with the agency.

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