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Masonry firm misclassified workers as independent contractors

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in Compensation and Benefits,HR Management,Human Resources

Nelson Torres Garcia, owner of Stone Masonry Unlimited in Fuquay-Varina, has agreed to pay $10,000 in fines for misclassifying five people working on a construction project in Braintree, Mass., as independent contractors.

In February 2008, inspectors from the Massachusetts attorney general’s office spoke with the foreman and four employees of Stone Masonry at the Braintree job site. The inspectors determined that the workers were receiving direction directly from Garcia. The inspectors contacted the company’s registered agent and discovered that they were classified as independent contractors.

Massachusetts Independent Contractor Law, as well as federal law, prohibit classifying workers as independent contractors unless they exercise primary control over their own work.

Advice: Misclassifying workers is a common error. For guidance on what distinguishes independent contractors from employees, check out the HR Specialist white paper Independent Contractor or Employee? How to Make the Call.

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