Maria Anastas discusses independent contractor misclassifications in a BLR webinar entitled ‘Employee versus Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court’. She provides the following information regarding what organizations can do to correct independent contractor misclassifications:
For a Limited Time receive a
FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with
customized information for your industry, location, and job.
Get Your Report Now!
- Correcting independent contractor misclassifications depends on what the organization or employer is willing to do
- It also depends on what state or states the organization is operating in
- There will be some potential liability associated with converting an independent contractor to an employee because the taxing authorities will notice the appearance of a deduction related to the individual
- Communicating with the individuals regarding the potential conversion, may need to also involve the organization’s legal counsel before actual conversion is attempted
- Also, some organizations may be willing to pay whatever they need to pay upfront rather than wait for any possible investigation into the conversion
- It can become a very complex process. Hence, it is advisable to contact the legal representative of the organization before taking part in a conversion
Maria Anastas is a partner in the San Francisco office of law firm Ogletree, Deakins, Nash, Smoak & Stewart, PC ( www.ogletreedeakins.com ). She represents employers in labor and employment law matters exclusively, with a primary emphasis on traditional labor matters. She also devotes a substantial portion of her practice to providing employers with practical advice on a wide variety of employment law issues. She can be reached at maria.anastas@ogletreedeakins.com.