Tuesday, March 26, 2013
As you may have noticed, the State of New York’s Department of Labor (DOL) has been focusing on certain independent contractor relationships that resemble employee-employer relationships. This focus has become more intense as the State faces more financial problems. Thus, it is important that both individuals and companies are serious and cautious with their dealings with the DOL. If you receive a questionnaire from the DOL concerning taxes, workers compensation, unemployment, or other issues regarding your operations, respond to it promptly. If you are unclear as to how to respond to the correspondence, speak to a lawyer or accountant. Most issues can be resolved through negotiation if they are dealt with early in the process. However, once it goes from being investigation or enforcement action to a judgment or collection proceeding, it becomes much more difficult and time-consuming to assert meritorious defenses.