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What should I do? I believe we’re misclassifying some of our workers

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in Human Resources,The HR Specialist Forum

I handle our company’s payroll and suspect that we are misclassifying some workers—in terms of both exempt/nonexempt status and employee/independent contractor status. I told the owner about my concerns, but he has chosen to do nothing. Am I personally liable for this as the payroll administrator? Do I have an obligation to do more than alert the owner?—Sherry

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{ 6 comments… read them below or add one }

Sherry June 22, 2010 at 9:31 am

Thanks Rita! I have done that to cover myself.


rita June 21, 2010 at 12:50 pm

You might also make your suggestions in e-mail form in order that they will be a history of your suggestions. (I would keep a paper copy also.) If you stay there, this might be helpful in the future. It would show that you did all you could and the final decisions were made by the boss.


Sherry June 16, 2010 at 8:02 am

Thanks for your honest answers. I have tried Betty’s approach and Elizabeth is correct when she said to look for new employment where I would be valued, except there are no jobs out there now! :-(


Betty June 15, 2010 at 4:37 pm

there have been some recent cases involving this issue that the employer lost to the tune of significant penalties and back pay for overtime, etc. perhaps if you provide such articles to him to justify your concern and how it could affect his own pocket book you will get the support you need from him.


Elizabeth June 15, 2010 at 1:24 pm

I think no one has replied yet because no one wants to put their neck on the line by telling you what the possible legal ramifications might be – even if they tell you annonymously.

Personally, I also won’t tell you what the end results could be; but I will tell you that I was previously in a position where I strongly disagreed with the owner (my boss) regarding some employment issues. I made it my priority to find new employment where I knew that I would be valued, and that all legitimate concerns would be addressed.


Sherry June 15, 2010 at 12:36 pm

Come on people! I am waiting for your responses!


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