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Independent Contractor Misclassification Update 2012: How Companies Can Minimize the Risks

Lexology (05/15/12) Richard J. Reibstein; Lisa B. Petkun; Andrew J. Rudolph

Employers seeking to avoid potential worker misclassification liability have a few options, including restructuring and re-documenting their relationships with independent contractors. This involves adjustments to how much control they have “over the manner and means by which their ICs accomplish their work.” Employers also can reclassify their ICs as employees through a government-sponsored reclassification program or voluntarily, which is less burdensome and costly than being forced to do so by a government agency. Finally, employers can use a work force management company or staffing firm.