A general contractor classifies its on-site framer as an independent contractor and issues a 1099-NEC instead of a W-2. If the framer is later determined to be a W-2 employee under AB-5 and federal common-law tests, the general contractor will likely be liable for:
Explanation
Misclassification triggers multiple, stacking liabilities: federal employment taxes under IRC §3402/§3101/§3111 with IRS §3509 reduced rates only if non-willful, FUTA under IRC §3301, California PIT withholding, SDI and SUI through EDD (with §1735 personal liability for responsible officers), Labor Commissioner penalties under Labor Code §226.8 ($5,000–$15,000 per violation or $10,000–$25,000 for a pattern), wage statement penalties under §226(e), and uninsured-employer workers' comp exposure under Labor Code §3700.5 and §3722. A signed acknowledgment is irrelevant under Labor Code §2775(a) (labels disregarded). The $250 information-return penalty is a fraction of total exposure.
Law Reference: IRC §3508 / Labor Code §3353Practice all 1605 questions free — no signup required.
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