Wait! Are Your Workers Properly Classified?

One headache you don’t need is having the Department of Labor audit your client or internal worker classifications. Although employers reap significant financial benefits when they classify workers as independent contractors, they could face substantial liability when they misclassify those workers, whether intentionally or not. Recently, federal and state labor departments, the Internal Revenue Service, and other government agencies have beefed up efforts to address worker misclassification.

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Related Content

• Independent Contractor Tests and Risks of Worker Misclassification
  Learn more about the three principal tests used to determine whether a worker is an employee or an independent contractor, and identify when and how these tests are generally applied under both federal and state law.

• How the ACA Applies to Contingent Workers
  Discover how worker classifications can impact an employer’s calculation of whether it’s subject to the Affordable Care Act’s employer mandate. Contingent workers come in varieties of temporary employees and contractors. Even there, some contractors work through staffing agencies and some not. How should they count in determining whether an employer is an applicable large employer (ALE)?

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.   

• Employee Benefits & Executive Compensation Key Legal Developments Tracker
  Stay informed on new developments.
  • ERISA. The Employee and Retiree Access to Justice Act of 2022 was introduced in the Senate. The bill would prohibit arbitration of ERISA claims challenging the administration and fiduciary management of ERISA employee benefit plans. The bill was referred to the Committee on Health, Education, Labor, and Pensions. S 4219
  • Retirement Plans. IRS Employee Plans division announces apilot program where it will notify retirement plan sponsors 90 days in advance that their retirement plan has been selected for an examination. IRS, Employee Plan News, June 3, 2022.
  • Retirement Plans. The Retirement Improvement and Savings Enhancement to Supplement Healthy Investments for the Nest Egg (RISE & SHINE) Act was introduced in the Senate on June 7. The bill was referred to the Senate Health, Education, Labor, and Pensions (HELP) Committee for mark-up. __, The Rise & Shine Act.
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
• Check out the new Practical Guidance Author Center! Learn about the 1500+ leading attorney authors contributing to our 21 practice areas, and find out how you can Become a Practical Guidance Author.
• The Practical Guidance Journal Spring 2022 Edition includes market trends on post-employment restrictive covenants.
• New Practical Guidance Content
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  • Transparency Disclosure Rules for Group Health Plans
  • Defined Contribution Plan Notices (Periodic Notices)
  • 401(k)ology - The Missed Deferral Opportunity
  • Lifestyle Spending Account Compliance Considerations

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