Why This Topic is Important Right Now

Approximately 1.2 million New York workers filed claims for unemployment or wage loss as a result of the coronavirus pandemic. In March 2020, the State's Department of Labor (DOL) paid more than $375 million to only 405,700 beneficiaries. So, we can expect April's payouts to be around $750 million.

That's a lot of money, especially when the State is expecting a loss of $10 billion in tax revenue.

The US Congress proposed a "crackdown on worker misclassification", among other ideas to:
  • ensure essential workers are fairly paid
  • reduce the risk of businesses misusing economic assistance
  • recoup some of the costs of that assistance

New York has a long history of successfully recovering unpaid payroll tax, penalty, and interest payments that cover the costs of unemployment insurance (UI) benefits. The DOL computer systems can also cross-reference information employers file with the Workers Compensation Board (WCB) and Department of Taxation and Finance. This often results in additional penalties for failure to insure employee illnesses or injuries, as well as errors on income tax returns.

In this course, you will learn to:
  1. Reconcile inconsistencies among the independent contractor criteria considered by three key government agencies
  2. Gather evidence to support your arguments that workers are truly independent contractors
  3. Recognize when you might need a lawyer to help you sort things out

Self-Auditing Worker Classifications

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