Understanding the Risks of Employee Misclassification: A Cautionary Tale for Business Owners

A recent case in Pennsylvania highlights the serious consequences of misclassifying employees as independent contractors. Romero Remodeling Co., a Pittsburgh-based construction business, misclassified 192 employees as independent contractors, violating the Pennsylvania Construction Workplace Misclassification Act (Act 72). Following an investigation by the Pennsylvania Department of Labor & Industry (L&I), the company agreed to pay a $144,000 fine—amounting to $750 per misclassified worker.

What the U.S. Department of Labor Says About Misclassification

Worker misclassification is not just a state issue—it is a nationwide concern. The U.S. Department of Labor (DOL) defines misclassification as the practice of improperly labeling employees as independent contractors to avoid providing benefits and protections. The DOL warns that misclassified workers are often denied critical workplace rights, including minimum wage, overtime pay, family and medical leave, and unemployment benefits.

The DOL’s Wage and Hour Division actively investigates misclassification cases, particularly in industries prone to violations, such as construction, hospitality, and transportation. Employers found guilty of misclassification can face back wages, penalties, and additional liabilities under the Fair Labor Standards Act (FLSA) and other federal laws.

Why Misclassification Matters for Business Owners

Employers who misclassify workers—whether intentionally or by mistake—face significant risks, including:

• Financial Penalties: Fines from both state and federal agencies can quickly add up, as seen in the Romero Remodeling case. In California, penalties requiring construction workers, for instance, to classified as employees (California Labor Code Section 2750.3), can result in fines of up to $5,000 for each violation, with additional fines for repeat offenders. In addition, also consider:

• Legal Liabilities: Businesses may be required to pay back wages, overtime, and benefits owed to misclassified workers.

• Reputational Damage: Being penalized for misclassification can harm a company’s credibility and ability to attract talent.

• Tax Consequences: Employers may owe back payroll taxes, Social Security contributions, and other financial obligations.

How to Avoid Misclassification Issues

To protect your business from costly misclassification mistakes, consider these best practices:

• Understand Federal and State Laws: Both the DOL and individual states have specific rules for classifying workers.

• Use the Right Criteria: The IRS and DOL provide guidelines, such as the “economic realities” test, to determine whether a worker should be classified as an employee or independent contractor.

• Consult with Legal Experts: If you’re unsure about worker classification, seek legal or HR guidance to ensure compliance.

• Document Employment Relationships: Maintain clear contracts and agreements that outline job duties, pay structures, and employment terms.

Conclusion

The Romero Remodeling case serves as a powerful lesson for business owners. Misclassifying employees, whether intentional or accidental, can result in severe financial and legal consequences. By staying informed about federal and state laws and taking proactive steps to classify workers correctly, businesses can avoid costly penalties and ensure fair treatment of their workforce.

For more information or help, contact the Insurance professionals of EPIC’s CRA ProRental™ Insurance Program. Call us at: 800.234.6363 or email us at prorental@epicbrokers.com.