Is your organization classifying its independent contractors correctly?
The misclassification of independent contractors as employees continues to remain at the forefront of the enforcement agendas for both the Internal Revenue Service (IRS) and the Department of Labor (DOL). In addition, as of this writing, 37 states have entered into formal memoranda of understanding with the DOL to jointly pursue worker misclassification. Many employers, both small and large, continue to struggle with how to properly classify their workers. The potential costs to an employer who misclassifies an employee as an independent contractor can be significant. For example, if an employer issues Form-1099 to a worker considered to be an independent contractor who is later determined to be an employee by the DOL, the employer may be required to pay back-wages, liquidated damages and attorney’s fees. He may also be liable to the IRS and Social Security Administration for unpaid taxes and other penalties. Continue reading “Keeping Tabs on Independent Contractors”