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ARTICLE · 01 OCTOBER 2007

New York State Task Force Targets Employers Who Misclassify Workers

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On September 7, 2007, Governor Spitzer signed an Executive Order establishing the "Joint Enforcement Task Force on Employee Misclassification" (the "Task Force").

United StatesEmployment and HR
Proskauer'S Labor & Employment Practice Group
Proskauer'S Labor & Employment Practice Group
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On September 7, 2007, Governor Spitzer signed an Executive Order establishing the "Joint Enforcement Task Force on Employee Misclassification" (the "Task Force"). The Task Force is designed to strengthen New York State’s enforcement of laws against employers who misclassify workers as independent contractors rather than employees, or as exempt from minimum wage and overtime requirements. Concerned that misclassification of workers allows employers "to avoid [their] legal obligations under federal and state labor law, employment and tax laws, including laws governing minimum wage, overtime, prevailing wage, unemployment insurance, workers’ compensation insurance, temporary disability insurance, wage payment and income tax," the Task Force will increase the efficiency and effectiveness of law enforcement by enabling interagency cooperation, information sharing, and the rational allocation of government resources.

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