Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

An attorney representing a healthcare worker who is suing his employer for denied overtime says that lawsuits filed under the Fair Labor Standards Act may become more common during the economic recession. The plaintiff alleges that his employer, Delta-T Group and Delta-T Group Social Service Staffing, Inc. denied him overtime compensation by wrongly classifying him as an independent contractor. Because he is not appropriately classified as an employee of the company, the plaintiff cannot receive the same benefits that regular employees of the company received.

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A bill introduced to the U.S. Senate on Sept. 12, 2007, by Sen. Barack Obama, S.2044, commonly called the Independent Contractor Proper Classification Act of 2007, would amend the Revenue Act of 1978. Goals of the bill are to require employers to treat workers misclassified as independent contractors as employees.

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