I like this clear simple language in Employee Benefit News:
“Employers face an uphill battle in classifying a worker as an independent contractor due to DOL guidance that defines ‘employee’ so broadly that such a classification should only be reserved for a narrow subset of workers.”
It is amazing how many employers are oblivious of the risk until they are audited. I hear the term “1099 employees” often from people who do not understand this is an oxymoron.
Read more here on another recent blog post.