Posted by: Jennifer Milligan
May 19, 2006

Recently I had a client fax me a notice of an audit by Indiana Workforce Development to review.  This is the first one of these types of audits that has been brought to my attention.  I contacted the Investigator responsible for conducting the audit to find out exactly what Workforce Development was investigating.   I was told by the Investigator that it is a routine audit to see if the company is complying with the state and federal reporting requirements (i.e. number of employees, etc.)  He also mentioned that they would check the status of any independent contractors and determine if the company has them properly classified as independent contractors and not employees.

What does this mean to you?

Simply giving an individual the title of “independent contractor” is not enough to make them an independent contractor.   Whether or not an individual is properly classified as an independent contractor is dependent upon all the facts of the actual circumstances involved.  The test can be different for various purposes.  Some of the purposes for which a worker's status must be determined are:  FICA, IRS, Negligence, FUTA, Minimum Wage and Overtime Pay, Unemployment Compensation, Workers Compensation, Anti-Discrimination Laws, Employee Benefits, Immigration and Naturalization Act, OSHA, and Licensure.  

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