Is that Worker an Employee? Questions and Answers on Worker Classification
In this timely, and compelling, CLE program attorney Michael DeBlis presents: “Is that a Worker or an Employee? Questions and Answers on Worker Classification.” Misclassification of employees as independent contractors is now a common phrase uttered by state and federal legislators and regulators. State task forces have been formed to crack down on businesses that do not pay unemployment insurance and workers’ compensation premiums or withhold taxes for workers whom the state believes are employees and not independent contractors. This program is for any attorney.
- Why does it matter how a company classifies its workers?
- What are the consequences of worker misclassification?
- In what ways are state and federal regulatory agencies focusing on independent contractor misclassification?
- If I misclassify my workers as independent contractors rather than employees, how will the government find out?
- Does the fact that most, if not every company, in a given industry treats its sales force as independent contractors immunize XYZ Corporation from a successful challenge mounted by the IRS?
- Is there a simple test for whether a worker is an independent contractor or employee?
- My workers all sign a contract and agree they are independent contractors. Won’t that help?
- To be safe, should I just treat all workers as employees even if they are independent contractors?
- I’ve heard that Section 530 will protect my business as long as it follows an industry standard. Is that true?
- What factors militate in favor of a worker being classified as an independent contractor?
- I received a letter from the State Department of Labor or from the IRS that appears to question my worker classification. What should I do or not do?
- Recommendations to Minimize or Avoid Future Misclassification Exposure for Companies That Use Independent Contractors to Supplement Their Workforce