Over the years, companies have developed alternative working arrangements with their workers. One such arrangement is Independent Contractor. Independent Contractors are not covered by company benefit plans, and payroll withholdings and deductions do not apply. They are not entitled to statutory benefits and protections afforded to traditional employees, such as unemployment compensation and workers’ compensation.
Misclassifying individuals as Independent Contractors can result in many forms of liability. Stepped-up enforcement actions by the IRS and the federal government will likely increase the risks of misclassification.
Now the Obama Administration is weighing in on the misclassification of employees. Obama’s 2011 budget includes funds to start a joint initiative between the Department of Labor and the Department of the Treasury to eliminate legal incentives for employers to misclassify their employees.
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