• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Misclassification Mistake Leads to $19M Payout by Lyft

Tom D'Agostino
By: Tom D'Agostino
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: October 3, 2025
4 minute engagement
Verdicts & Settlements

It’s a wildly astronomical number, and we’re not trying to scare anyone – but a recent case from New Jersey shows that employee misclassifications can be a costly mistake.

The state of New Jersey recently recovered more than $19 million against the ridesharing service Lyft, which it accused of wrongly misclassifying more than 100,000 of its drivers as independent contractors instead of employees.

It’s a wakeup call for any employer that is even the slightest bit lax about taking the time to properly classify all of its workers.

The massive payment was announced last month by the New Jersey Department of Labor and the state’s attorney general.

State: Audit Revealed Misclassification

The seeds for the payout were sown when a number of Lyft drivers filed claims for unemployment insurance and disability benefits. Those claims triggered a state audit, which revealed that Lyft had not made any contributions to the corresponding state funds on the drivers’ behalf.

The audit covered a four-year period beginning in 2014. Following its review of the company’s books and records for that timeframe, the state slapped Lyft with an assessment of more than $10.8 million in past due contributions to the proper funds. It also tacked on another $8.5 million in penalties and interest.

Lyft initially contested the state department of labor’s findings. As a result, the case was transferred to the state’s Office of Administrative Law for a scheduled hearing.

Lyft Drops Appeal, Pays Entire Misclassification Amount

Though it contested the findings, Lyft paid the $10.8 million to stop interest from continuing to accrue. Then, in August of this year — and just days before the scheduled hearing — it withdrew its appeal and paid the remaining balance.

“We will not allow businesses to exploit workers by misclassifying them, stripping employees of essential benefits and avoiding their responsibility to support programs that protect our workforce,” said New Jersey Attorney General Matthew J. Platkin in a press release. “This practice undermines our strong labor laws.”

Employees Enjoy Greater Protections

It can be more convenient and cost-effective for employers to utilize independent contractors rather than employees to get work done. Employees are entitled to a number of benefits that independent contractors do not receive, including:

  • payment of a minimum wage
  • overtime pay
  • unemployment benefits
  • workers’ compensation coverage
  • family leave, and
  • worker safety law protections

Of course, there is nothing inherently wrong with using independent contractors instead of employees. The problem for employers occurs when a misclassification occurs, when they label workers as independent contractors, but the relationship between the parties shows they are employer and employee.

Employee or Independent Contractor? How to Tell

The federal Department of Labor has addressed the issue of employee misclassification, advising that the question of whether a worker is an employee or independent contractor is to be answered “by looking at the economic realities of the worker’s relationship with the employer.”

The question essentially is this: Is the worker in business for himself, or is he economically dependent on the employer for work?

The DOL also identifies factors that should be considered in determining whether a worker is an independent contractor or an employee. These factors include:

  • the worker’s opportunity for profit or loss
  • relative investments by the worker and the employer
  • the degree of permanence of the work relationship
  • the nature and degree of control that is exercised by the employer over the worker
  • whether the work is integral to the employer’s business, and
  • the level of skill and initiative that is needed to do the work.

Though none of the factors by themselves establishes employment status, here are some signs tending to indicate that a worker is an employee:

  • The employer provides all of the worker’s tools and equipment.
  • The employer provides office space for the worker.
  • The worker performs services for a single employer over a continuous period of several years.
  • The employer closely supervises scheduling and the performance of the work.
  • The work performed is “critical, necessary, or central” to the company’s business.
  • The worker does not use specialized skills to get the job done.

“New Jersey will continue to take strong action to stop misclassification and hold violators accountable,” Platkin added. “As our economy evolves, we remain steadfast in safeguarding workers’ rights.”

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

White Papers

Ultimate Guide to Selecting a Managed Service Provider (MSP)

Provided by Magnit

Webinars

2026 Workplace Compliance Trends to Watch

Provided by Paycom

Webinars

Serena Williams and Paycom: A Conversation About Purpose, Success and Work Ethic

Provided by Paycom

Webinars

The Power of Recognition: Engaging the Multi-generational Workforce

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
FMLA rules put HR pros to the test: 5 pitfalls to avoid

When it comes to laws that require HR pros to put on their thinking caps and really think things through, the federal Family and Medical Le...

  • Employment Law
There’s no law against being a jerk: Check out this new court ruling

There’s a big difference between mistreating an employee and mistreating an employee for a reason that the law prohibits. In other wor...

  • Employment Law
‘I Just Need 1 Hour’: Employer Denies Small Ask, Pays Big

A federal appeals court upheld a jury verdict against an employer that denied an employee permission to move her start time back by one hou...

  • Employment Law
10 Employment Law Risks HR Must Track in 2026

If you’re looking for employment law predictions for 2026, a new survey from Norton Rose Fulbright highlights where employment and la...

  • Employment Law
Do you know this accommodation rule? It just cost this employer $158K

Under the ADA, a broad variety of accommodations may need to be provided to applicants and employees with disabilities. Both the statute a...

  • Employment Law
DOL Proposes New Rule on Joint Employer Liability

On April 22, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a proposed rule for determining when multip...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.