This misclassification game is just one way that big companies have been rigging the rules to give themselves an edge, getting around what We the People set down for our democracy.
The result, of course, is even more people paid even less with even worse working conditions. And the bad players get an advantage that drives out the good ones.
Like misclassification, this game-rigging, cheating, edge-seeking, rule-bypassing stuff is everywhere you look. (Rigged trade deals, corporate tax "deferral" and inversions, corporate campaign donations, too-big-to-fail banks, congressional obstruction, etc., etc...) This rigging of the game in favor of the ultra-wealthy gets worse and worse.
Why is this so? Because the rules set down by our democracy can't be enforced unless We the People can organize to be powerful enough to overcome the great wealth and power of a few ultra-billionaires and their corporations. Without the ability to organize, we are on our own as individuals against great wealth and power.
This is where labor unions come in. Working people organizing into a group so they are not fighting this power alone as individuals gives them a chance to demand a slice of the pie.