Misclassification

Unscrupulous employers attempt to avoid obligations to workers by “misclassifying” them as independent contractors instead of employees.  In this way employers shirk their responsibility to comply with unemployment insurance, workers’ compensation, social security, tax withholding, temporary disability, and minimum wage and overtime laws that protect workers. This is fraud and a crime.

Workers at job sites without workers comp wait to recover lost wages putting their homes and families in jeopardy. Moreover, the entire state pays more for insurance to cover the costs of the cheaters.  Honest businesses are at a disadvantage in bidding because they have followed the law,  and borne the cost of protecting their workers.

The Attorney General is the lead prosecutor for the Governor’s Misclassification Task Force.  In addition the Attorney General prosecutes employers who fail to secure workers’ compensation insurance.

For more information on recent prosecutions in this area, go to:

• Attorney General Cuomo Announces Arrest Of Nursing Home CEO For Failing To Cover Hundreds Of Employees With Workers' Compensation
• Attorney General Cuomo Announces Arrest Of Capital Region Tannery President For Failure To Cover Employees With Workers' Compensation

If you suspect you are being wrongfully labeled an independent contractor or if you know an employer engaged in this fraudulent activity, contact us.