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Home » How to Determine Your Worker’s Classification?
Understanding the implications of worker misclassification is critical for ensuring compliance. According to the Economic Policy Institute, 10-15% of employers misclassify at least one worker as an independent contractor.
Companies in the past have paid millions in penalties for misclassifying workers!Below, we list several high-profile employee misclassification lawsuits involving well-known companies within the last five years:
The common law test focuses on three primary categories: Behavior Control, Financial Control, and Relationship of the PartiesLet’s understand these one-by-one.
Currently, the U.S. Department of Labor and 33 states, including California, have adopted this ABC test. Presume that the worker is an employee unless:
Customarily engaged: Multiple professionals are independent and work on a per-project or job basis. They are open to the market with their services and seek profit from the organization. As soon as the workers are more dependent on the employer, they are inclined toward employee status.
Misclassification of workers can lead to a multitude of issues for business owners and employers. These include legal liabilities such as fines, penalties, and potential lawsuits.
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