Linda, it is not the Labor Board who gets involved - sm Posted: Apr 15th, 2016 - 5:26 pm In Reply to: Labor Board and IC Status Question - Linda
in determining misclassification of ICs. It is the IRS. The DOL only deals with those who are employee status, and believe it or not, there are those who are employees who are misclassified and get 1099s. Minimum wage is not an issue because you are not an employee if you are an IC, and minimum wage does not apply. However, the IRS, through the SS-8 form, will determine if as an IC you are treated as an employee, and then if they determine you have been treated as an employee, it gets particularly painful for the company who has breached the law. The IRS will get back taxes, fines, penalties, and whatever else they deem should be imposed on those companies who treat ICs as employees, enough so, a company can be put out of business. Hope this helps your understanding.
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