October 24

A Pro-Active Approach to Proper IC Classification

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Proper classification of independent contractors requires a pro-active approach to ensure that your business is compliant with current federal and state laws. This is especially critical if your business operates in multiple states where different laws may apply. Consultech can assess your current business model to evaluate your risk of being audited and the likelihood that your ICs would be considered employees by a government/regulatory agency or civil court. Through the process of evaluation and potential re-documentation, restructuring, redistribution, and/or reclassification, Consultech will help you to maintain compliance so that you are positioned with the best practices and defenses to avoid inquiries, claims, audit assessments, and other penalties.

Steps for Risk Mitigation

Proper documentation is the first step to ensuring compliance. Consultech can review and edit your Independent Contractor business model as well as all existing documents used in connection with IC engagements. To reduce your risk of misclassification liability in the future, we aid you in composing proper documentation for all records regarding business association with independent contractors. Additionally, we offer regional educational seminar-audits, on-site seminars on independent contractor versus employee status, seminars on avoiding discrimination and sexual harassment claims, and operational audit reports following on-site visits. These risk mitigation steps provide you with the best practices to ensure compliance within your desired business model.

In some cases, risk mitigation may require a restructuring of your current business model. While this may seem daunting, Consultech has nearly 30 years of experience in facilitating positive restructuring that will strengthen your business model while preserving its essential components to ensure both compliance and business success. With a pro-active approach to proper IC classification, your business will be in an ideal position to forestall inquiries or claims from any Plaintiff Class Action attorney or government agency regarding your compliance or noncompliance with your IC relationships.

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