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In recent years, the issue of worker misclassification has created a minefield for employers. The U.S. and many state departments of labor have stepped up their efforts to crack down on employers that improperly misclassify employees as independent contractors. While there is a presumption under most federal and state laws that workers are employees, countless employers continue to misclassify workers. Just because someone is issued a 1099 or calls himself a “consultant” does not make them an independent contractor. The consequences and costs of worker misclassification can be extensive. There are workers compensation implications, tax implications, wage implications, and unemployment complications. It is not uncommon for different regulatory schemes to utilize different tests for determining proper classification. Penalties for misclassification can be extensive, which is why it is important to “get it right.” Our presentation is designed to help employers navigate this tricky terrain and avoid its pitfalls.
Stuart Katz
Cohen and Wolf
Principal
[email protected]
STUART M. KATZ is a principal of Cohen and Wolf and Chair of the firm's Litigation Group. He is also a member of the firm's Employment & Labor and Physicians' Practices Groups, and chairs the firm's Diversity & Inclusion Committee. Mr. Katz is highlighted in Chambers USA (2017) for the "superb quality of his counsel and representation." He represents employers of all sizes in defending discrimination and harassment suits and litigating restrictive covenant, breach of contract, business tort and wage claims. Mr. Katz also represents professionals and executives in matters relating to their employment. He has been named "Lawyer of the Year" for Employment Law (Management) (2018) and for Employment Law (Individuals) (2016) by the Best Lawyers in America, for the Stamford, Connecticut metro area. He routinely provides guidance to employers and employees regarding personnel policies, handbooks and employee discipline. In addition, Mr. Katz has extensive experience in matters involving disputes between owners of closely-held businesses, and in litigating other complex business disputes. He practices in both the state and federal courts, often acting as local counsel for out-of-state law firms and companies, and handles matters before the Connecticut Commission on Human Rights and Opportunities, the Department of Labor and other administrative agencies.
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