Is your Organization an Unlawful Employer? If you are an employer who classifies any worker as an Independent Contractor vs. Employee (1099 vs. W-2), then you are at risk of being an unlawful employer.
The issues surrounding worker misclassification touch nearly all industries and many positions, from IT professionals to janitors. Distinguishing between genuine independent contractors and employees misclassified as independent contractors can be complex. There are several different standards used to determine if an individual is legally an independent contractor. There can be great costs and consequences for worker misclassification; employee misclassification robs individual workers of their rights and benefits, adversely impacts the effective administration of many federal and state programs, and creates unfair competition for law-abiding employers. This can uneven the playing field for upstanding, compliant companies.
Companies that either intentionally or unknowingly misclassify their workers have an advantage over their honest and informed competitors because they can lower their labor costs by as much as 40%. The lawful and informed employers are often underbid and lose business. Then wages and labor standards become depressed across the board. Ultimately, lawful and informed employers subsidize the dishonest and uninformed companies in the form of increased workers’ compensation and health insurance premiums.
Something as simple as an unemployment claim
Does your company engage workers without considering the worker classification consequences? Did you know that something as simple as a worker filing an unemployment claim could lead one of the federal or state auditing agencies right to your company’s front door to conduct a full audit of all current and former workers? Would your organization be ready for or able to pay the fines and penalties, which could amount to 70%+ of every $1 paid out? Regardless of the financial costs associated with the audit, the stress, emotional toll, and bad press can be immeasurable. You can also be held personally liable for worker misclassification. Unfortunately, the law considers you guilty until proven innocent. The burden of proof rests with you.
To learn how to continue to use talent while minimizing your risks, join our must-attend webinar: “Is your Organization an Unlawful Employer? Guilty until Proven Innocent.” This webinar will highlight some recent cases of what can happen if you don’t properly classify Independent Contractors, as well as the risk mitigation services available to you. Gain the knowledge and understanding you need to ensure your organization is a lawful employer.
Date:Thursday, April 26th, 2018
Time:11:00 AM PT/12:00 PM MT/1:00 PM CT/2 PM ET
ClearPath Workforce Management risk mitigation services bridge the gaps where fear of risk may prevent engagement of skilled talent. ClearIC™ can automate and simplify the Independent Contractor evaluation process while mitigating your risk. Now is the time to contact ClearPath for a complimentary 1:1 review of your current worker status.