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Gov. Spitzer Creates Taskforce to Address Employee Misclassification

New York's Governor Spitzer recently created a task force to address the incorrect classification by employers of individuals as independent contractors rather than correctly as employees.  The Executive Order immediately cites the attempt by employers to circumvent their obligations as employers and the adverse effects on the economy of the state as a result.  It furthers notes:

• up to 10% of workers were misclassified in audits between 2002 and 2005.
• enforcement can be achieved through inter-agency cooperation, information sharing, and joint enforcement/prosecution

The Task Force is further charged with, among other things, encouraging complaints through a reporting hotline.  While I don't think that employers should be circumventing the law, I can tell you that there are a whole slew of people out there that would rather have employers consider them independent contracts instead of employees so that they don't have taxes withheld.  Hopefully some of the communication efforts of the Task Force will be directed to individuals who are trying to circumvent the law as well.

Follow this link to Governor Spitzer's Executive Order Establishing the Joint Enforcement Task Force on Employment Misclassification.

Full post as published by Strategic HR Lawyer on September 25, 2007 (boomark / email).