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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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looking for info about misclassification consultants

Resolved Question:

I am interested in any instance of this phenomenon in the country- not just California. I am looking for information about consultants who advise companies on how to misclassify employees as independent contractors. There was a recent law passed about this in California so that there is now joint liability. I have one example of a company whose business was advising other companies on how to carry out an IC "business model" and presumably get away with it: NICA, or the National Independent Contractor Association, which targeted the messenger/delivery world. Their site is - you can see from the rhetoric they use, what their business is. But this is from a few years ago. Are you aware of others like NICA? I am not only interested in California but in any state. Hope my request makes sense. Another way of stating what I'm interested in is the intermediaries/middlemen who help companies break the law by misclassifying in order to save money.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What exactly would you like information about? Are you looking for the names of consultants or other information? (It is actually odd for a company to openly advocate for the illegal misclassification of employees as independent contractors as that could create a lot of liability for them).

As to how miscalssifcatino occurs. There really is no strategy to it. The employer would just designate an employee as an independent contractor and pay them through a 1099 rather than paying them with a W-4 as an employee. The EDD and IRS have strict penalties for employers who intentionally (or negligently) miclassify employees as independent contractors to avoid paying taxes on them.
Happy new year!
Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Joseph. Yes, I am looking for additional names of consultants who do what NICA does. Facilitating crime or being barely within the letter of the IC law. I think "fly by night" would be accurate. I know they exist (according to sources at places like NELP) but don't know how to find them. I think I would need to be searching for coy or euphemistic language. When I search the search engines for a straightforward way of phrasing it, what I get back are results about law firms who represent plaintiffs who have *been* misclassified. So that's a different thing and not what I'm after.

If you don't have any idea, and have never encountered any such middleman company, that's fine and we can close the question.

Is the amount of dough that is currently escrowed a fair amount? Otherwise, I will bump it up. These freelance marketplaces make me a little queasy and I think they favor the buyer way too much! So I want to make sure you are compensated fairly.

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