Startup companies face a multitude of compliance issues that can easily be overlooked in the rush to build and innovate. However, failing to address these legal requirements can lead to severe consequences
Startup companies face a multitude of compliance issues that can easily be overlooked in the rush to build and innovate. However, failing to address these legal requirements can lead to severe consequences. In this video, Phil Crowley, founder of Crowley Law LLC and a seasoned lawyer for startups, highlights one critical example: employment law and the misclassification of workers.
Many young companies are tempted to classify workers as independent contractors rather than employees. The perceived benefit is avoiding the burden of employment taxes like unemployment contributions, FICA (Social Security and Medicare), and other payroll deductions that employers are responsible for.
However, as Phil explains, this can be a dangerous path:
The "Independent Contractor" Illusion: Even if someone is initially labeled as an independent contractor, the nature of their work, the level of control exerted by the company, and the duration of the engagement can lead to them being legally considered an employee under applicable state and federal laws.
Severe Penalties for Misclassification: If authorities determine that workers have been misclassified, companies can face substantial fines, back taxes, and penalties that can genuinely "break the bank" and threaten the viability of the...
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