Independent Contractor Compliance Blog

Consolidating and Clarifying the Definition of Independent Contractors: Could it be a New Trend?

AUGUSTA, Maine — Governor Paul LePage recently abolished the Maine task force focusing on employee misclassifications. In addition, Governor LePage is submitting legislation that would use the federal definition of an employee for all state purposes, eliminating the different standards now in use for different state programs. LePage stated during an interview. “The whole point [...]

Are Independent Contractors Protected by Federal and State Disability Discrimination Laws?

The First Circuit Court of Appeals ruled [Cortés-Rivera v. Dep't of Corr. & Rehab. of Commonw. of P.R. (First Circuit No. 09-1858 Nov. 16, 2010)] that the Americans with Disabilities Act (ADA) does not apply to IC’s and that a medical doctor was an IC. But wait! Read on: The court hinted that it could [...]

Health Care Tax Credit Forms and Guidance are Now Available to Assist Small Businesses

WASHINGTON-The Internal Revenue Service recently released final guidance for small employers eligible to claim the new small business health care tax credit for the 2010 tax year. The information release includes forms and instructions. New Form 8941, Credit for Small Employer Health Insurance Premiums, and newly revised Form 990-T are now available on IRS.gov. The [...]

IRS Commissioner Speaks to the American Institute of CPAs

WASHINGTON DC-Recently Douglas H. Shulman, Commissioner of the IRS, gave a speech before members of the American Institute of CPA’s (AICPA’s) about changes in the environment for the IRS and taxes in general. Taxes are complicated Shulman stated, “…the sheer girth and complexity of the tax code continue to grow, in spite of efforts to [...]

Department of Labor Five Year Plan Targets IC Compliance

The Department of Labor (DOL) Recently Adopted a Five Year Plan to Increase IC Compliance to the 90% Level in Certain Tracked Industries The U.S. Department of Labor’s “Strategic IC Compliance Plan” for Fiscal Years 2011 through 2016 is now public. The plan was recently released to the public by the Secretary of Labor Hilda [...]

Massachusetts Clamps Down on Compliance

Massachusetts, possibly the second toughest state on IC compliance behind California, is tightening up compliance one more notch. The Governor of Massachusetts recently signed into law a significant amendment to the state’s workers’ compensation statute. The new law, effective November 7, 2010, authorizes any three private citizens to bring a civil action against employers to [...]

Bill Introduced to Close Independent Contractor “Loophole”

The White House has endorsed legislation by Senator John Kerry (D-Mass.) and Representative Jim McDermott (D-Wash.) that would protect workers from losing benefits and protections as the result of being misclassified as independent contractors. According to a press release issued by Senator Kerry’s office, the Fair Playing Field Act of 2010, which Kerry and McDermott [...]

What Impact Will the Economic Recovery Have on Your Contingent Workforce?

Do you believe the economy is starting to recover? Are you gearing up for future growth and considering independent contractors and contingent workers because they give you flexibility? But are you really ready? Just as you are thinking of increasing the use of IC’s and contingent workers the government is gearing up its workforce of [...]

The Perfect Compliance Storm is Growing

Already one of the toughest states on regulating IC Compliance, the State of New York’s Assembly created a new, tougher IC compliance bill (A11649) on July 8, 2010. The proposed law would: Significantly increase the penalties for “knowing and intentional” independent contractor misclassification. Establish a private right of action for an individual misclassified as an [...]

IRS Commissioner Excited About New Law

Douglas H. Shulman, IRS Commissioner, recently spoke before the American Payroll Association & the American Accounts Payable Association. He said he’s excited about the new law I mentioned earlier this week giving the IRS more tools to close the Tax Gap… Commissioner Shulman stated that the IRS is gearing up to implement new requirements recently passed into [...]

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