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| About D&W Navigating the global and digital realities of the 21st Century business landscape is a challenge for any organization, but particularly those in the business of educational content who must understand the nuances of the education, business, and publishing worlds. Now, companies in the education space can turn to Dorsey & Whitney’s Legal Corner, an industry partnership between AEP and global law firm Dorsey & Whitney. Legal Corner is a series of articles and podcasts by D&W partners providing guidance on operational concerns like data security policy, industry-specific challenges like international rights licensing and intellectual property, and other business objectives involving mergers & acquisitions, equity and debt financings, and more. Latest Blog Post Independent Contractor or Employee: by Gary M. Gansle, partner in Dorsey & Whitney's Labor and Employment practice For far too long, employers have taken a laissez-faire approach to classifying workers as independent contractors in order to help control costs, streamline their organizations, and honor the stated preferences of their workers. However, the cost associated with being undisciplined and incorrect about these classification decisions can be quite expensive, and is likely to get more expensive in the near future given the Department of Labor's "Misclassification Initiative," which is designed to identify and reduce employee misclassification. In fact, the Department of Labor has requested a specific $25 million line item in its 2011 budget to hire additional investigators and enforcement personnel, as well as to create competitive grants to encourage state agencies to focus more attention on this issue. This should come as no surprise in these lean tax-revenue years given that the General Accounting Office recently estimated a loss of more than $2.7 billion per year in unpaid Social Security, unemployment and income tax as a result of this type of misclassification. Misclassification of employees as independent contractors can result in substantial liability and penalties for, among other things, back taxes, overtime pay, workers compensation, employee health benefits, and retirement benefits For more information about Dorsey & Whitney's Legal Corner or to submit a question for consideration, contact Stacey Pusey.
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