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Analyzing the Latest Risks of Worker Misclassification

New York Law Journal

March 26, 2012

Joel M. Cohn and Richard J. Rabin, partners at Akin Gump Strauss Hauer & Feld LLP, write: For a company seeking to control labor costs or manage its workforce to account for fluctuations in the business cycle, classifying workers as independent contractors can appear an attractive option. But a misclassification as such, even with the best intentions, can be costly - and with stepped up enforcement efforts by numerous federal and state agencies, the risks are growing.

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