Employers are looking at the consequences of the nation-wide vaccine mandate taking effect. Some employers looking for solutions are considering reclassifying their employees as independent contractors to avoid the consequences of the vaccine mandate. Any time you are intentionally changing the classification of a worker to avoid the effect of a law, you are assuming a significant legal risk.
The classification of a worker is based on specific qualifications – not just what an employer wants to say they are. One certified public accountant commented, “[A] handful of my clients are considering reclassifying some employees as independent contractors, but they have to be careful to make sure they are in compliance with specific rules.”
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