Employee Misclassification

1099 misclassification

It seems like a tactic too ridiculous to work: a company looking for a way to cut costs announces that its employees aren’t actually “employees,” but are instead “independent contractors” who just happen to work there full time. Therefore, the company isn’t legally obligated to pay Social Security and Medicare taxes for them, or to provide them with workers compensation when injured, unemployment compensation when laid off, protection from discrimination or any other benefits.

It may seem ridiculous – but it’s happening to millions of workers , and it’s costing federal and state governments billions of dollars and preventing hard-working men and women from reaching the American Dream.

It’s called “employee misclassification,” and it takes advantage of the fact that the law requires companies to do things for their full-time employees that they don’t have to do for independent contractors.

When you think of an “independent contractor,” you probably think of someone who works for many companies over the course of a year, on projects of fixed length – not someone who has been working full time for a single company for years. But loopholes in the law allow companies to call those full-time employees “independent contractors.”

We call it tax cheating, and it needs to be stopped.

Learn More

On December 21, 2007, the IRS levied $319 million in fines and back taxes against FedEx for misclassifying workers in its FedEx Ground unit.  Learn more.

On May 8, 2007, a joint hearing of the House Subcommittee on Income Security and Family Support and the House Subcommittee on Select Revenue Measures investigated how misclassification impacts workers' lives every day. Information from the hearing, including transcripts and witness statements is available.

Read carpenter Gonzalo Valencia's testimony before the joint hearing.

"1099 Misclassification: It's Time to Play by the Rules" is a streaming video on employee misclassification from the United Brotherhood of Carpenters and Joiners (Windows Media format).

The Carpenters also have an extensive resource site on employee misclassification.