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New super task force in NYS to fight worker misclassification

New York worker misclassification

On Wednesday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing joint enforcement task force that fights New York  worker misclassification.

NYS officials have stated that “more and more”  businesses are purposefully misclassifying employees as independent contractors. New York, which is one of the most aggressive states when it comes to fighting worker misclassification hasn’t been known to be lenient on such matters. But officials stress that they’re not after legitimate independent contractor employers.  However, they do suggest that such companies make sure that they are in compliance with the law.

“The Executive Order recites in its Preamble the reasons for the Governor’s action, and includes the statement that “an increasing number of employers in New York improperly classify individuals they hire as ‘independent contractors,’ even when those workers should be legally classified as ‘employees’ . . . .Neither the Executive Order nor the 2016 Task Force Report, though, provide any empirical data or basis on which the Executive Order based its conclusion that more and more employers in New York are either classifying workers as independent contractors or, more to the point, are misclassifying employees as ICs”. Explains Richard J. Reibstein, of Pepper Hamilton LLP.

One method companies can use, when not sure about their compliance, is to consult IC Diagnostics. They foster independent contractor compliance for companies who either have been scrutinized or who want to make sure they’re on the up and up.

Image Source: wikipedia.org
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