PDF 2013 North Carolina Labor Law Posters:

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The poster offers further instructions for the employee to include the physical location, mailing address, telephone number, and e-mail address where alleged incidents of employee misclassification occurred.

North Carolina Labor Law Poster

Even if misclassification is unintentional, the penalties remain the same. For small business owners, this may force them to close their doors. The best practice is then to first determine proper classification as an employee or an independent contractor. Please note that the DOL warns these factors should not be applied as a checklist but should be considered in total, as they relate to each other. No one factor should be over-emphasized.


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The factors typically include:. No other interest or penalties will be charged.

Complete Labor Law Poster Solution

The employer also must agree to treat the worker as an employee in the future and pay the proper taxes. In her article, Mielnicki offered a warning to employers who might be considering this program. Misclassification could expose the employer to wage and hour violation claims by a worker now classified as an employee which could impose further liabilities for benefit or compensation claims.

Employee Rights in North Carolina

Then what should an employer do? Employers should first analyze whether their current classifications are correct. If they are not, before applying for the VCSP, the employer should weigh the potential costs of entering into the VCSP and the potential for exposure to other liabilities in litigation as compared to the costs of continued non-compliance and the potential of a future IRS audit.

If you are an employer with questions, please contact East Coast Risk Management at Disclaimer: The information provided on this website is for informational purposes only and not for the purpose of providing legal advice.

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    Starting a New Business in North Carolina You as the business owner collect trust taxes and hold them "in trust" before you file and pay them to the state. Tax Category: Business Registration. Last updated:. Oct 20,