PROVIDERS nor the DEPARTMENT of LICENSING consider what are the legal definitions of EMPLOYEES or INDEPENDENT CONTRACTORS under federal law or state law even though 12VAC35-105-150. states providers “MUST” comply with ALL APPLICABLE FEDERAL, STATE, LOCAL LAWS and/or REGULATIONS INCLUDING LAWS REGARDING EMPLOYMENT PRACTICES.
The PROVIDERS nor the DEPARTMENT of LICENSING know under federal law
1) that IRS Form SS-8 legally “MUST” be filed with the IRS at which time it will be legally determined whether or not that employer can legally employ workers as EMPLOYEES or INDEPENDENT CONTRACTORS before an employer hires individuals as independent contractors for the purposes of the Federal Insurance Contributions Act and the Federal Unemployment Tax Act and
2) The PROVIDERS nor the DEPARTMENT of LICENSING request that the Virginia Unemployment Commission determine whether or not an individual should be legally classified as an employee or independent contractor which is discussed under the
§ 60.2-212.(C) of the Virginia Unemployment Act.
Our review of employee misclassification in Virginia found that:
a. impact government revenues as well as
b. employers and workers.
a. 5,639 workers were misclassified in 2010.