The Top 20 Employer Myths

Ervin Cohen & Jessup LLP

The celebration of the 20th anniversary of the Employment Law Reporter, one of the longest running employment law newsletters in the State of California, continues with our take on the top 20 employer myths. Join the celebration and read on!

20. “They are here from the government and they are here to help.” No, they are not really there to help; they are there to collect revenue in the form of interest, fines and taxes, revenue which is made all the more essential by growing state and federal government deficits. An example is the much-publicized IRS “safe harbor” for employment tax relief offered to employers who mistakenly classified workers as independent contractors, a safe harbor which has numerous loopholes and which is not recognized by state taxing authorities who are entitled to seek their own taxes and penalties under state law. While employers can and should make every effort to properly classify employees, employers should be extremely careful when dealing with state or federal agencies, period.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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