Chapter Corner

Christopher Caiaccio

Chris Caiaccio has been practicing traditional labor relations his entire legal career and currently serves as counsel for Ogletree, Deakins, Nash, Snoak & Stewart, P.c. He has particular expertise representing clients in the construction industry. He has particular expertise representing clients in the construction industry. He regularly advises construction contractors on matters such as union avoidance, double-breasting, project labor agreements, and Davis-Bacon compliance. 

Strategies for Minimizing Risks of Worker Misclassification

While the use of independent contractors (IC) can have substantial business advantages given the current economic and political climate, IC relationships have been facing and continue to face increased scrutiny. Both the Internal Revenue Service (IRS) and the Department of Labor (DOL) believe that up to 30 percent of employers are misclassifying their workers. The Government Accountability Office also estimates that misclassification costs the federal government $2.7 billion dollars a year in unpaid unemployment, FICA, FUTA, and other taxes. With the Obamacare mandate that companies with 50 or more “full-time equivalent workers” offer health plans to employees who work the required number of hours per week or else pay stiff penalties, significant temptation exists to reclassify employees as ICs.