The DOL's Wage and Hour Division announced on November 18, 2013 that the New York State Labor Department and the New York State Attorney General's Office entered into memoranda of understanding with the DOL on the improper classification of employees as independent contractors or other nonemployee statuses. New York and the DOL will partner to enforce the labor laws through information sharing and cooperative investigations to ensure the protection of employee rights and to provide an even playing field for employers. New York is the 15th state to enter into such memoranda of understanding with the DOL, following California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, Utah and Washington.

For more information on classifying workers as independent contractors, see Practice Note, Independent Contractor Classification.