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ARTICLE · 30 MAY 2013

Raising The Stakes Of Worker Misclassification Yet Again

Morgan Lewis
Explore more from Morgan Lewis

Most employers are aware by now that state and federal governments are cracking down on worker misclassification.

United StatesEmployment and HR
Lisa Burton
Lisa Burton
Sari Alamuddin
Sari Alamuddin
Thomas Hurka
Thomas Hurka
Stefanie Moll
Stefanie Moll
Michael Puma
Michael Puma
Barbara Miller
Barbara Miller
Carrie A. Gonell
Carrie A. Gonell
John Battenfeld
John Battenfeld
Anne Marie Estevez
Anne Marie Estevez
+12 more

New requirements under the Patient Protection and Affordable Care Act are set to intensify state and federal governments' crackdown on worker misclassification.

Most employers are aware by now that state and federal governments are cracking down on worker misclassification. Audits, enforcement actions, and lawsuits focused on the misclassification of workers as independent contractors have become commonplace, and the potential costs of misclassification—back wages, tax liabilities, retroactive exposure for employee benefits, unpaid unemployment insurance contributions, fines, and penalties—can be steep. Those stakes are set to rise again in 2014 as new requirements under the Patient Protection and Affordable Care Act (ACA) go into effect.1

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