Graphic Media Alliance

08/26/2025

Avoid the Hidden Risks of Misclassifying Employees

Source: Semper Group, July 11, 2025

When businesses need workers, the question of classification arises: Should these workers be treated as W-2 employees or independent contractors? Misclassifying employees as independent contractors can have significant financial and legal consequences, making it critical for companies to understand the risks and the benefits of getting it right.

As an employer, you have two options when looking to hire– go directly and screen appropriately or use a staffing and recruitment platform that stays up to date on the legal aspects in today’s environment.

The Consequences of Misclassifying Employees

Misclassifying employees as independent contractors may seem like an attractive way to reduce costs and administrative burdens, but it can lead to major complications. In 2024, as part of its efforts to address misclassification, the Fair Labor Standards Act’s Wage and Hour Division published a final rule introducing new guidance for analyzing classification. 

Companies have started using new Uber-like gig sites that treat workers as if they are 1099 to avoid paying the employer taxes, but the sites and clients eventually get fined. Gig platforms and businesses should prioritize accurate and timely filing of Form 1099-NEC to avoid potential penalties from the IRS. It’s best to consult with a tax professional for guidance on specific filing requirements and to ensure compliance.

Employers who are misclassifying employees, even unintentionally, risk:

• Back Taxes and Penalties...
• Legal Action...
• Reputational Damage...
• Hiring Non-legal Workers...

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