For those businesses that utilize independent contractors as part of their business model, employee misclassification has become a major issue.  It is one that is taking on increasing importance within the United States, as well as here in Massachusetts.

                                                                                                              By Milton L. Kerstein, Esq.  ~ Email: mkerstein@kcl-law.com Tel. (617) 965-9698

For those businesses that utilize independent contractors as part of their business model, employee misclassification has become a major issue.  It is one that is taking on increasing importance within the United States, as well as here in Massachusetts.   In Massachusetts, employers who are found to have misclassified their W-2 employees as independent contractors face both civil and criminal penalties.  This issue originally appears to have arisen due to the exploitation of recently arrived immigrants and low-income workers by the construction and agriculture industries.  The issue has blossomed into one that has the potential to effect every business in the United States.