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Classifying Your Home Health Workers: Independent Contractor or Employee

12-05-2019


Workers are often mistakenly classified by agencies as independent contractors or 1099 workers instead of employees. These mistakes can be costly because the putative employer is not paying payroll taxes, workers’ compensation premiums, or unemployment insurance, for workers classified as 1099.

Wage and hour rules (e.g., overtime pay), employment laws (family and medical leave), and benefit requirements (e.g., offer of insurance coverage) are also disregarded – incorrectly – when companies misclassify workers as independent contractors.

Hear from Hodgson Russ Partner and Home Care attorney, Emina Poricanin, to learn about tests you can apply to determine whether a worker is an employee or independent contractor so you can stay compliant with all the federal and state laws that may be implicated when engaging workers.

 

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