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However, misclassifying a worker as an independent contractor may lead to an FLSA violation.
What are the penalties for misclassifying an employee as an independent contractor and who assesses them?
Mylan paid a $124 million fine in 2009 for misclassifying its drugs and underpaying rebates.
Misclassifying employees as independent contractors is one method that employers use to disguise the existence of an employment relationship.
He noted, however, how subcontractors working on a downtown building project, were exposed by his organization for misclassifying and not paying his workers.
If an insurance agent or broker gives an employer advice on classifying employees with the knowledge that the employer may be misclassifying those employees, then the broker or agent may be held liable.
How do you ensure that you're not misclassifying employees as independent contractors?
On September 19, 2011, the secretary of Labor and the IRS commissioner signed a memorandum of understanding (MOU) agreeing to enable the Department of Labor (DOL) to share information and coordinate law enforcement with the IRS "to end the business practice of misclassifying employees in order to avoid providing employment protections.
The IRS recently announced that it is offering employers who have been misclassifying employees a chance to come clean with the IRS without facing any severe penalties.
The penalties for misclassifying someone as a contractor can be severe.
Requires the DOL to target industries it determines to have frequent incidence of misclassifying workers for audits.
The Internal Revenue Service wants to know how many companies are misclassifying employees as independent contractors and failing to pay taxes on fringe benefits.