Is Your Company on the Independent Contractor Hit List?The U.S. Department of Labor, the IRS and state workforce agencies have been cracking down on businesses that are believed to be misclassifying employees as independent contractors. This article by Richard Reibstein was originally published on June 16, 2015 as a guest post on Forbes.com.
About Independent Contractor Compliance and Misclassification Legal Blog
Independent Contractor Compliance and Misclassification Legal Blog is published by lawyers Richard Reibstein, Lisa Petkun and Andrew Rudolph of the law firm of Pepper Hamilton LLP; it is dedicated to legal issues involving defense of misclassification claims and class actions, audits and investigations by the IRS and state tax and workforce agencies including unemployment and workers compensation, and compliance with federal and state labor, tax, benefits, and other laws impacting the use of independent contractors.
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Independent Contractor Compliance Legal Blog is published by the authors as individuals to provide timely information, insights, and analysis about the legal and practical issues involved in the use and proper classification of workers treated as independent contractors or paid on a 1099 basis; the blog also serves as a unique resource for employers, consultants, other businesses and law firms seeking information and assistance in this niche area of the law. It does not necessarily represent the views of Pepper Hamilton LLP or its clients. Independent Contractor Compliance Legal Blog is published for informational purposes only. This site should not be considered to be a substitute for legal advice, and it does not establish an attorney-client relationship. The authors provide no warranty relating to any information published on this site. For legal assistance on state-specific questions, the lawyers publishing this blog consult with counsel in such states where required by law. You may also contact an attorney who is licensed to practice in your jurisdiction.
Tag Archives: Independent contractor misclassification
On Monday, March 11, 2013, Richard Reibstein, one of the co-publishers of this blog, submitted 17 pages of detailed Comments to the U.S. Department of Labor’s proposed data collection for its Worker Classification Survey. The Comments, which were officially received … Continue reading
Unemployment Benefit Claims and Independent Contractor Misclassification Liability: A Single Claim by One Worker Can Lead to Disastrous Results
It is rare for a business to challenge an administrative determination concerning a single worker’s claim for unemployment insurance benefits. Indeed, many employers tend to delegate responsibility to handle administrative proceedings before state unemployment offices to companies providing “unemployment claims services.” This is … Continue reading
KGB USA, Text Message and Internet Information Provider, Settles Independent Contractor Misclassification Claim with U.S. Department of Labor for $1.3 Million
Last week, kgb USA, which operates a text message and Internet-based information service, consented to the entry of a federal court judgment to pay $1.3 million in unpaid minimum wage and overtime wages to its 14,500 current and former “Special … Continue reading
Staffing and Workforce Solutions Company Using Independent Contractors Face Misclassification Liability and Expose Clients to Undue Risks
This month there have already been two cases in the staffing and workforce solutions industry that highlight the risks posed to that industry and their clients where the workers being referred are paid on a 1099 basis. One case arose in … Continue reading
New Federal Worker Misclassification Study: U.S. Department of Labor to Question Workers About Their Knowledge of Independent Contractor Misclassification
Buried in the Federal Register on January 11, 2013 is a proposal for the U.S. Department of Labor to conduct a study to “better understand employees’ experience with worker misclassification” by “measur[ing] workers’ knowledge about their current job classification, and … Continue reading