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Politics : Liberalism: Do You Agree We've Had Enough of It?
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To: Hope Praytochange who wrote (81452)4/29/2010 5:32:23 PM
From: TimF  Read Replies (1) of 224729
 
"Feds Poised to Pursue Worker Misclassification as a Crime"

Disagree with a union organizer or class action lawyer on who should count as an independent contractor? Get ready for the criminalization of guessing wrong [ABA Journal]

pointoflaw.com

Feds Poised to Pursue Worker Misclassification as a Crime

For years, employers have been warned that misclassifying employees as independent contractors could lead to expensive consequences.

But soon the practice could also lead to criminal penalties: Congress is expected to enact a bill introduced last week in both the House of Representatives and the Senate that would make it a federal offense to do so, reports a Pepper Hamilton media advisory. (Employers, of course, may continue to treat true independent contractors as independent contractors.)

The Employee Misclassification Prevention Act "is a game-changer,” says partner Richard Reibstein in the release. “Because it is expected to face little opposition in the House and Senate, employers should use this narrow window of time to immediately review their employment classifications. The government is expected to aggressively pursue companies that are in obvious noncompliance.”

If the EMPA is passed, potential penalties for noncompliance would include fines of up to $5,000 per employee...

abajournal.com
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