By now you have most likely heard of FedEx Ground’s decade long legal struggle to determine if their drivers are employees or independent contractors. The case began in California, as a class action law suit for overtime, expenses, benefits and other employee entitlements [Estrada v. FedEx Ground Package Sys. Inc., 64 Cal. Rptr. 3d 327 [...]
In August I told you about a new approach the U.S. Immigration and Customs Enforcement (ICE) is employing to go after illegal immigrants. The federal government is spending less effort on conducting high-profile police raids of businesses (a tactic used in the Bush Administration) and more time conducting routine audits of employer’s books and records. [...]
SACRAMENTO-The State of California Employment Development Department (EDD) announced last week that the employee reporting requirements and forms will change effective 2011. Starting with the first quarter of 2011, employers will no longer use the familiar DE 6 or DE 7 to report and reconcile wages and taxes to EDD. The new forms will be: [...]
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 [...]
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 [...]
WASHINGTON-The IRS recently issued a statement notifying taxpayers and tax professionals that it has changed the format and requirements for the Employer Identification Number (EIN) Application. The statement said, “Some applicants for Employer Identification Numbers (“EINs”) have listed nominee individuals, rather than the true responsible party, during the application process. The Internal Revenue Service does [...]
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 [...]
Want a new job? The IRS is hiring and advertising job opportunities on YouTube! WASHINGTON DC-The Internal Revenue Service announced this week it is using YouTube to market IRS job openings for revenue agents, revenue officers, criminal investigation special agents, financial analysts and economists about employment opportunities at the IRS. IRS Commissioner Doug Shulman said, [...]
WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) is employing a quieter, and possibly more effective, approach to going after illegal immigrants employed in the United States. Instead of conducting high-profile police raids of factories, farms and other businesses, ICE auditors are showing up to audit companies’ books. In just the first two weeks of [...]
Wisconsin Governor Jim Doyle recently signed into law two pieces of legislation significantly increasing the risks of misclassifying employees. The two laws are Senate Bill 672, and Assembly Bill 929. With these new laws Wisconsin is joining the federal government and most states across the nation in getting tougher on misclassifications of workers. These new [...]
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