Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Wednesday, June 25, 2008

Independent Contractor vs. Employee

Attorney Robert Wood wrote an interesting article for the June 2008 New York State Bar Journal entitled "Independent Contractor or Employee?" which many readers may find of interest. Though the article mainly focuses on the tax consequences of misclassifying an employee as an independent contractor, the article also discusses employment law issues as well. The article outlines that problems generally arise through audits, third-party lawsuits, actions by unions and audits from pension authorities. It also notes that a number of state are ratcheting up enforcement and points to former Gov. Spitzer's Executive Order No. 17 which creates a task force on Employee Misclassification. The article also discusses important cases involving this area of law.

Mitchell H. Rubinstein    

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Comments

This is really a growing trend amongst many companies that are seeking to avoid paying payroll and unemployment taxes. I am currently in a situation like this with my current employer. I am desperately trying to find another source of income and when I do so, I am going to file form SS-8 with the IRS. I can do so without the fear of reprisal once I leave this employer. I am a single mother of a 3 year old, I cannot afford to file the paperwork until I secure another source of income.

Posted by: Fionna Walker | Oct 23, 2008 12:36:16 PM

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