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Labor Secretary, IRS Commissioner Sign Memorandum of Understanding Regarding Worker Misclassification

September 28, 2011 Written by: Written by Jess Glidewell, RVP

Secretary of Labor Hilda L. Solis recently signed a memorandum of understanding with the Internal Revenue Service that will improve efforts to end the business practice of misclassifying employees in order to avoid providing employment protections. Labor commissioners and other agency leaders representing seven states signed memorandums of understanding with the department’s Wage and Hour Division and, in some cases, its Employee Benefits Security Administration, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs and Office of the Solicitor. Participating states include Connecticut, Maryland, Massachusetts, Minnesota, Missouri, Utah and Washington. Secretary Solis has announced agreements for the Wage and Hour Division to enter into memorandums of understanding with the state labor agencies of Hawaii, Illinois and Montana, as well as with New York’s attorney general.

The memorandums of understanding will enable the U.S. Department of Labor to share information and coordinate law enforcement with the IRS and participating states in order to level the playing field for law-abiding employers and ensure that employees receive the protections to which they are entitled under federal and state law. You can read more about this effort here.