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Website Tackles Misclassification

Thursday, January 19, 2017

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The consequences of misclassifying workers are real; workers may miss out on wage and benefit guarantees they deserve.

The United States Department of Labor recently launched a new website to help employers and workers know the difference between an employee and an independent contractor—and the ramifications involved if workers are misclassified.

© iStock.com / shirosonov

“Misclassification,” the DOL says, occurs when an employer deliberately classifies a worker who is an employee under the law as something else, generally an “independent contractor.”

“Misclassification,” the DOL says, occurs when an employer deliberately classifies a worker who is an employee under the law as something else, generally an “independent contractor.” Workers who are denied employee status can miss out on wage and benefit guarantees that apply to employees.

Factors that play into whether an employee should be called an employee or a contractor include the nature of the work, the importance of the employer’s business to the worker, the permanency of the relationship, and the degree of control the employer displays.

For Employers, Workers

The new website features information for both employers and employees regarding their rights and responsibilities in relation to misclassification.

In addition to a page dispelling “myths” about misclassification, it includes a link to the DOL’s whistleblower rights website for employees who believe they are being misclassified.

For employers, it includes fact sheets on federal law related to group health plans and retirement programs as relates to worker classification.

View the website here.


Tagged categories: Department of Labor; Labor; Laws and litigation; Regulations

Comment from Jesse Melton, (1/19/2017, 7:44 AM)

"Miss out on wage and benefit guarantees they deserve". They don't deserve anything.

They are owed those things.

One of the most societally destructive things the US government has done over the past 16 years is to demonize the word entitlement as it relates to what you buy with your tax contributions. It's not a bad word. It's not a selfish word. Reporters and writers should steer the term away from veiled insult it has become.

I guarantee people would be up in arms if "worship" was replaced with "idolatry". It's an entirely valid use of language but people don't want to think of a crucifix or a Madonna as idols. People who work their entire lives away with little return on their tax dollars don't want to think of themselves as barnacles and they shouldn't have to.

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