The U.S. Department of Labor’s Wage and Hour Division announced a proposed rule intended to clarify when a worker is an employee and when the worker may be classified as an independent contractor under the Fair Labor Standards Act (FLSA) and related federal laws.
DOL Final Rules on Independent Contractor Classification
Using a contractor can be an attractive option that allows you to scale hours up or down as needed. This can be significantly cheaper too, since you do not have to provide them with benefits or vacations. But before you pull the trigger on utilizing an independent contractor, you should know that the IRS takes intentional misclassification of contractors very seriously. The IRS understands the financial incentives to using 1099 contractors and they know the temptation exists to classify a worker as a contractor when you truly view and treat them as an employee.
If your business uses independent contractors as part of its work force, depending on the circumstances, the IRS might reclassify these workers as employees. Such a reclassification would expose your business to employment taxes and penalties. In addition, your business might be responsible for retroactive fringe benefits for any reclassified workers.
Each week, we receive calls and inquiries about a worker classification and the considerations whether that person should be considered an employee or an independent contractor. The Zinner staff of CPAs and management consultants meets often with clients to ensure their workforce is properly classified.
