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Tuesday, April 7, 2026

Misclassification Of The Independent Contractor - Corporate/Commercial Law - United States - Mondaq News Alerts

Employee...or Independent Contractor? Many logistics companies "engage" individuals to work for them, classifying them as independent contractors rather than employees.

The nuanced distinctions between employees and independent contractors matter greatly, and recent court opinions and legislative actions have challenged these classifications. In the event misclassification is determined, employers may be liable for back wages like unpaid overtime, business-related expenses, and benefits dating back a number of years. Logisyn and Benesch have collaborated to tackle this topic to make sure you have the tools you need to prepare for a future M&A event.

Distinguishing An Independent Contractor

  • Understand IC's make their own business decisions
  • IC's have absolute ability to accept or reject jobs
  • Ensure any company signage is easily removable
  • Provide opportunities for negotiation
  • Avoid long term loans or business coaching
  • Respect IC's ability to work for others
  • Recognize potential for profit or loss
  • Provide incentives in exchange for branding vehicles/clothing with company logo
  • Require IC's to obtain permits
  • Provide for portability in equipment leases

How Does This Impact the M&A Process?

If the acquisition is a sale of stock...

Then the buyer will take on the liability for the misclassification even though it occurred before the acquisition. However, the purchase agreement will provide for the seller to indemnify the buyer for such liabilities, so they have a shared...



Read Full Story: https://www.mondaq.com/unitedstates/corporate-and-company-law/1168320/misclas...