Employers are obligated by state law to classify their employees properly and pay them accordingly. While employers can misclassify employees unintentionally, misclassification is illegal and can have stiff legal ramifications. It is important to understand that workers who are misclassified are deprived of essential mandated benefits such as workers compensation if injured on the job and/or unemployment benefits.

One of the most prevalent instances where misclassification occurs is when employers classify their employees as independent contractors to avoid paying state minimum wage, overtime rates and payroll taxes. Investigation under these circumstances has increased; therefore, it is best practice for employers to know the difference and maintain proper records to avoid misclassification.

Some criteria of an Independent Contractor:

Run their own business
Paid upon completion of project
Provides own materials, tools and equipment
Work with multiple clients
Temporary relationship until project is completed
Decides when and how they will perform the work
Decides what work they will do

For More Guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) click here

Since 2016, the number of women in construction has been steadily increasing and has now reached an all-time high. The industry has had a continued high demand for workers and within the past few years, employers and labor groups have been removing obstacles in order to broaden the selection of workers in the trades.

Although these obstacles have been lowered significantly, experts have explained that women are typically harder to recruit due to less experience and often require more flexible hours for childcare considerations. To combat this, experts say companies should set goals for diversity hiring and focus on inclusion and safety. Many women don’t see construction as a career option so it’s important to show them that women already have a place on the jobsite. Recently, U.S. Secretary of Commerce Gina Raimondo revealed the Million Women in Construction Initiative. This initiative has a goal of doubling the number of women in construction, from 1 million to 2 million, in the next 10 years. With more efforts being put into place, we hope to see the continuing rise of women in the trades.

If you would like further information please click here: Percentage of women in construction higher than ever