KeyHR — Professional Employer Organization Florida
Compliance

Worker Misclassification

Incorrectly classifying an employee as an independent contractor, resulting in significant legal penalties.

Worker misclassification occurs when an employer incorrectly classifies an employee as an independent contractor, or misclassifies a non-exempt employee as exempt from overtime. Misclassification is one of the most common and costly employment law violations.

The consequences of misclassification can include: liability for unpaid payroll taxes (including the employer's share of FICA), penalties and interest from the IRS and state tax agencies, liability for unpaid overtime and minimum wages, back payment of employee benefits, and civil lawsuits.

The IRS, Department of Labor, and state agencies all have active misclassification enforcement programs. The IRS estimates that misclassification costs the federal government billions in lost tax revenue annually.

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