Richard Reibstein, co-head of Locke Lord’s Independent Contractor Misclassification and Compliance Practice, was quoted by Law360 on rising concerns from employers about potential wage and hour litigation surrounding an increasing number of nurses being hired as independent contractors amidst a nurse shortage in the United States due to COVID-19.
Reibstein cited that there is nothing wrong with legitimate independent contractor relationships, but cautioned that contracts for those relationships should be robust.
"You can have nurses who are independent contractors legitimately, and you can have nurses who are not legitimately independent contractors, who are misclassified," Reibstein said. "You shoot yourself in the foot [with legitimate independent contractors] if you don't have an independent contractor agreement that is state-of-the-art compliant."
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