California is definitely the hot spot for misclassification litigation. While several other states are starting to get more active, the following states already have laws in place saying workers are presumed to be employees and setting standards employers have to overcome to prove independent contractor status: Pennsylvania, Delaware, Colorado, Minnesota, New York, and Maine. That said, their aggression in enforcement may vary. Florida and Texas tend to generate large amounts of misclassification lawsuits, partially due to a large number of carriers present in those states. New Jersey also recently enacted several pieces of legislation, referred to as the “Misclassification Package,” that aim to redefine the relationships between companies and independent contractors. Similarly, the U.S. House of Representatives passed the PRO Act, which has been compared to a federal version of AB5 but is unlikely to pass the Senate or White House.