On December 19, the United States Department of Labor issued comprehensive new guidance making it clear that it intends to continue to aggressively pursue employers who misclassify employees as independent contractors. The transmittal message for the new guidance, entitled “Misclassification Affects Everyone,” states the DOL’s position that “The misclassification of employees as independent contractors is

Employers who believe that they may have been erroneously classifying employees as independent contractors may now take advantage of a new IRS voluntary compliance program.  This program allows employers to reclassify any workers erroneously treated as independent contractors.  Employers who choose to do so may take advantage of the program’s lower cost settlement terms and