Wednesday, June 25, 2008
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