Business FinancesQuestion 286 of 1632

A contractor classifies an independent subcontractor as an employee by mistake (or the reverse). The MOST significant financial risk of misclassifying a worker is:

a.A reduction in the contractor's bonding capacity at renewal
b.Liability for back payroll taxes and penalties
c.Loss of the contractor's business name filing
d.An automatic rise in the cost of materials

Explanation

Misclassification makes the contractor liable for the payroll taxes that should have been withheld and paid — income tax, Social Security and Medicare, unemployment — plus penalties and interest, with Labor Code §226.8 adding $5,000 to $25,000 per wilful violation and workers' compensation exposure on top. Bonding capacity may suffer as a consequence, but only after the liability lands. A fictitious business name filing is a county registration and is untouched. And material prices are set by suppliers, not by how workers are classified.

Law Reference: Labor Code §226.8; IRC §3509

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