Misclassification

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3 Levels of Contractor Compliance

By MBO Partners

When engaging independent workers, enterprises have options when considering their level of compliance ranging from light compliance which is open to risk to enterprise-grade or enterprise-appropriate compliance. Determining which to use depends on how you intend to integrate independent talent into your workforce mix. There are currently nearly 72.1 million people working independently in the…

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3 Ways to Ensure Success When Engaging Independent Contractors

By MBO Partners

Growing demand, enabling technology, and expanding supply are three key factors leading to the continuing growth of the independent workforce in America today. In 2023, just over 72 million people reported working independently. As more organizations incorporate independent talent as part of their workforce, it becomes increasingly important to be aware of the legal complexities…

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Compliance Risk Assessment Tool for Independent Workforce Engagement

By MBO Partners

Because there is risk associated with hiring independent contractors, preparation is key. Often, misclassification can be unintentional because businesses simply do not have a full understanding of the laws regarding how to classify their workers. However, it can also be done intentionally to reduce labor costs or avoid payroll taxes. Regardless of why misclassification occurs, it…

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New DOL Rule Changes Definition Of IC Status: What Matters for Your Enterprise

By Nathan Gibson

On January 9, 2024, the United States Department of Labor (DOL) announced its final rule on determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) purposes. The rule is effective on March 11, 2024, and rescinds the existing rule developed by the previous administration that has been…

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The Legal Landscape: Navigating Compliance with Independent Contractors

By MBO Partners

Engaging independent contractors comes with many benefits: increased staffing flexibility, access to in-demand skills, cost savings, and a workforce for project-based work. But in exchange for these advantages, companies must be aware of how to navigate compliance in order to operate legally when engaging contingent workers. From a legal perspective, independent contractors fall under a…

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GUIDE | 8 MIN READ

15 Ways to Avoid a Worker Misclassification Audit (Guide)

By MBO Partners

Learn the steps to take if your company is audited and 15 best practices to implement to avoid an audit.

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When to Classify a Worker as an Independent Contractor

By MBO Partners

Today’s workforce includes full-time employees, temporary workers to fill seasonal or short-term needs, and contingent workers such as freelancers, independent contractors, or consultants. Businesses benefit from this diversity of workers. Workforce diversity gives companies have more workforce flexibility, access to specialized skills on-demand, and the ability to form ready-made teams when a project need arises….

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Top Independent Contractor Compliance Stories from 2022

By MBO Partners

As the independent workforce continues to grow, so do the issues of worker compliance and misclassification. It is important for enterprises to remain informed about the latest laws, regulations, and developments surrounding these topics. 2022 was a fascinating year for independent contractor compliance. Here’s a look at some top stories. 1. U.S. Department of Labor…

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What is Worker Misclassification?

By Nathan Gibson

As more companies incorporate independent professional talent into their workforces, the issue of worker misclassification has also been thrown into the spotlight. But what is worker misclassification exactly? First, it’s important to understand that independent contractors—freelancers, consultants, self-employed professionals, side-giggers, etc.—represent a fundamentally different type of worker than your typical W-2 employee. ‘Independent contractor’ is…

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Worker Classification Tests: DOL, IRS, State Tests for Classifying Workers

By MBO Partners

Worker classification is a topic of increasing importance as the independent workforce continues to grow in number. Workers can be classified as employees or independent contractors. Understanding the difference between these two types of classifications is very important for enterprises.  Independent Contractors vs. Employees Independent contractor is a legal term for workers who are not…

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