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Garvey Schubert Barer Legal Update, May 28, 2010.

In this recessionary economy, federal and state governments are interested in recouping billions of dollars in lost employer taxes when workers are misclassified as independent contractors; workers want those protections offered by being an employee rather than an independent contractor; even labor unions argue that independent contractor relationships are being used as a management strategy to avoid organizing or to diminish bargaining units. The result in 2010 is a well publicized, well financed federal and state “misclassification initiative” which targets increased scrutiny by federal and state regulatory agencies of workers, including healthcare professionals, treated as “independent contractors.”

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