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Miller, Miller & Canby’s Scott Mirsky Presents on Worker Misclassification for Association of Language Companies

Posted February 20, 2025 at 4:07 PM

Employment Law, MM&C Happenings

On January 29, 2025, MM&C employment law attorney Scott Mirsky presented a webinar on the topic of worker misclassification for the Association of Language Companies. Mirsky’s presentation covered the definition of “employer” from multiple standpoints. He discussed the common law test the IRS uses to differentiate between employees and independent contractors, and the economic reality test which defines employee or independent contractor under the Fair Labor Standards Act. He also outlined the ABC Test, which many states use, and some stricter variations adopted by other states. He added some tips that organizations can utilize to protect themselves from potential liability, such as entering into well-crafted independent contractor agreements, working with vendors who have legal entities, and avoiding providing training or equipment to vendors. Finally, he covered changes that the new Trump administration is mandating and how these might affect the landscape of such relationships.

“Laws and enforcement actions we have been seeing in the last ten to fifteen years have escalated primarily because agencies are attempting to tax the gig economy,” said Mirsky.  He added, “It’s more important than ever for organizations that rely on independent contractors to understand the distinctions, be aware of the common pitfalls that can lead to unfavorable outcomes in unemployment audits, and take precautions to ensure they are in compliance with legal requirements and industry standards.”

Questions? Scott Mirsky is a principal in Miller, Miller & Canby’s Employment Law and Employment Litigation practice, with more than 20 years of experience representing individuals and businesses in diverse civil matters throughout the Washington, DC region. He has experience handling non-compete and trade secret disagreements, employment claims, issues concerning independent contractors, wage and overtime disputes under the FLSA and state law, and breach of contract claims. Learn more about his practice here or contact him directly at samirsky@mmcanby.com.

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