Where can I find info on worker misclassification

[Juche]

Where can a person find state and federal info about the subject of potential misclassification (passing off employees as contract workers to avoid paying taxes and benefits)? I know FedEx got into some trouble with this.

[taterguy]

1. Ask a librarian

Seriously, that's what they're paid for.

In my state you can go to a chat site and ask questions like that.

A trained professional will send you appropriate links.

Or you could take your chances with the bozos here.

[Juche]

2. Bozos are helpful

[Cerridwen]

3. IRS.gov - link to specific page inside (edited)

link

Misclassification of Employees

Consequences of Treating an Employee as an Independent Contractor
If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker (the relief provisions, discussed below, will not apply). See Internal Revenue Code section 3509 for more information.

Relief Provisions
If you have a reasonable basis for not treating a worker as an employee, you may be relieved from having to pay employment taxes for that worker. To get this relief, you must file all required federal information returns on a basis consistent with your treatment of the worker. You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977. See Publication 1976, Section 530 Employment Tax Relief Requirements (PDF) for more information.

Misclassified Workers Can File Social Security Tax Form
Workers who believe they have been improperly classified as independent contractors by an employer can use Form 8919, Uncollected Social Security and Medicare Tax on Wages to figure and report the employee’s share of uncollected Social Security and Medicare taxes due on their compensation. See the full article Misclassified Workers to File New Social Security Tax Form for more information.

<snip>

Form SS-8

If, after reviewing the three categories of evidence, it is still unclear whether a worker is an employee or an independent contractor, Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) can be filed with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker’s status. (emphasis added)

I'm pretty sure states follow federal guidelines on employee/contractor classifications. Check out the additional links on the page I linked.

Edit to add; you can also call the IRS directly; many of them of quite helpful and not the monsters they've been portrayed.

Signed,

A bozo

[Juche]

4. What about retaliation

Do you know anything about protections from retaliation?

[Cerridwen]

5. That I do not know about. Sorry.

You can start investigating anonymously via their web site and even through a phone call.

Once upon a time, I would have said you'd be safe from retaliation; these days...business holds too much power. You may need a lawyer on standby just in case. Which means document everything that you do at work and how the employer/client treats you.

Some states may have an agency that handles this kind of investigation; start by checking your Secretary of State website and the Attorney General.

You can potentially file a complaint of tax fraud with the IRS and that you can do anonymously.

I guess I should note for DU purposes; this is not intended as legal or tax advice. These are all publicly available sites and sources.

[county worker]

6. In CA the EDD has rules or lws as to who is a contractor.

[mdmc]

7. ..