Employee/Independent Contractor Misclassification: Are You Ready for the Regulators?

The Yale Club of New York
50 Vanderbilt Avenue
New York, NY 10017

Presented by Epstein Becker Green Attorneys:
Dean L. Silverberg
Joan A. Disler
Scott M. Drago

As recently reported on the front page of the NY Times, driven by major budget gaps the Obama administration is cracking down on the issue of employee misclassification, which occurs when an employer, at hiring, improperly classifies a worker as an independent contractor rather than an employee.  Employers who misclassify workers will be investigated and may be subject to penalties, higher tax assessments and periodic audits. Possible benefit plan disqualification by the IRS and payment of retroactive benefits to participants also can be imposed.

In addition to federal scrutiny, numerous state agencies have aimed their sites at the investigation and enforcement of employee classification requirements. 

Our Breakfast Briefing will cover the following:

  • An examination of the criteria used by various regulatory agencies, such as the Internal Revenue Service, Federal Department of Labor and New York State Department of Taxation, Unemployment Insurance Division and Workers' Compensation Board, in determining worker classification;
  • An analysis of the possible risk and potential exposure for misclassification, including federal and state tax assessments, additional unemployment and workers compensation premiums and failure to file and other penalties;
  • A review of liability for misclassification in employee benefit plans and practical guidance on minimizing payment of retroactive benefits; and
  • Assistance with assessing your current worker classifications; offering remedial direction and best practices for avoiding misclassification in the future.

Registration fee: $40.00

To register for this briefing, please click here.

If you have additional questions, please contact Christine Eschenauer at (212)/351-4668, or [email protected].