White Paper

Avoid These Common Mistakes in Classifying Workers

 
“The Department of Labor (DOL) has made it clear. Regardless of the reason, classification errors can be costly for employers, as the error often affects a number of employees having similar job titles and therefore lends itself to class treatment of the claim. Furthermore, if you are on the unlucky end of a DOL audit, you will likely be stuck paying payroll taxes, unemployment taxes, overtime, as well as a host of fines, fees and other costs.

The complex details of what you need to know for proper worker classification can be found in the 2016 Employers Supplemental Tax Guide, published by the IRS. The IRS guide, however, is not only complex, but often times, confusing. Identified below are the five most common employee classification mistakes.”

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Kelly (Wood) Gemelli is Of Counsel with the San Diego, California, office of Jackson Lewis P.C. She represents employers in all areas of employment law and has litigated a broad range of employment matters. Ms. Gemelli's experience includes discrimination and harassment suits on the basis of age, race, national origin, gender, and disability; leave issues; retaliation claims; and wage and hour claims.

Faculty

Kelly D. Gemelli

Jackson Lewis P.C.