A Sustainable Workforce Starts With You

Worker Misclassification

Payroll fraud (also called worker misclassification and workplace fraud) is the illegal practice of designating an employee as a "1099 worker" or an independent contractor. Unscrupulous employers do this to avoid paying payroll taxes, unemployment tax, or workers’ compensation insurance and are therefore able to submit lower bids for projects, undercutting responsible contractors. Several states have already passed laws to penalize those who cheat workers and taxing agencies in this way, and two bills are currently being considered which would provide federal legislation to end this practice and that of wage theft. They are The Fair Playing Field Act, introduced by Senator Kerry and a number of co-sponsors and The Employee Misclassification Prevention Act.

Randy Braun, New York attorney and blogger at Juz the Fax posted a blog last week about the pending implementation of the Construction Industry Fair Play Act (CIFPA) in New York....
Twenty-three states - make that thirty - have signed Wage Theft and/or Worker Misclassification bills into law as the focus in a number of legislatures has swung to the issue that...
Last year, the Workers Defense Project in collaboration with the Division of Diversity and Community Engagement at the University of Texas at Austin and with a grant from the...
New Hampshire Governor John H. Lynch signed Executive Order 2010-3 on Friday which directs departments and agencies who deal with employee misclassification to work together, and...
Yesterday the NY governor’s office announced that Governor David A. Paterson has acted on 92 bills, signing 66 into law including the Construction Industry Fair Play Act, which...
This month a Florida man was convicted of operating an unlicensed money-transmitting business and was sentenced to two years in federal prison and forced to forfeit the money...
A recent posting in Ezra Klein’s column in the Washington Post asked the question about the validity of forcing companies to use the E-Verify system.  The author, Suzy Khimm...
There are two or three areas that the new wage theft laws and their amendments address that will be welcome news to those who have been victims of wage theft or misclassification....
According to Employment Law Watch, “The Illinois Wage Theft Enforcement Act, S.B. 3568 (the "Act"), signed into law July 30, 2010, increases both civil and criminal penalties for...