It’s becoming commonly known that employers who misclassify employees as independent contractors are open to liability under federal and state labor laws. But what’s less understood is the importance of complying with employee benefit plans under the Employee Retirement Income Security Act of 1974, according to Michelle Capezza of Epstein Becker & Green.
“Improper exclusion of workers from participation in employee benefit plans governed by ERISA can jeopardize a plan’s tax-qualified status as determined under the Code and can also provide these workers with a cause of action under ERISA,” she says. Employers “must be mindful of the effects misclassification of employees can have on their employee benefit plans.” So what does this mean for employers?
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