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DOLI Investigating Mis-Classification of Subcontractors

Contractors are again receiving letters notifying them that the Minnesota Department of Labor & Industry is investigating them for employee mis-classification. They are demanding a list of all subcontractors including proof of registration with the Department. If you haven't already requested from your subs the information I suggest you obtain, you should get on it quickly. The information you should have includes a signed subcontractor agreement, proof of worker's compensation and general liability insurance including a certificate of additional insured, proof of license or registration, and a current Certificate of Good Standing from the Secretary of State if the sub is a corporation or LLC. 

For contractors using independent contractor sales representatives, it can be a bit more tricky to comply with the independent contractor requirements. If you aren't sure whether you are safe from a determination that your sales reps are employees - and the assessment for unpaid taxes, penalties, and interest that - accompany such a determination - give me a call at 651-470-3669 to discuss your situation. 

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