I was interested in learning about employee and independent contractor misclassification. According to the IRS in the United States, “[A]nyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed.” Misclassification was easier to determine than I thought it would be. Some questions to ask are Who decides when the work is performed? Where is the work done? Who provides the equipment? Who performs the work? Some states use the ABC Test. Misclassification occurs by mistake or on purpose and fines and penalties are worse for deliberate misclassification but employers can still be penalized for unintended mistakes.
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