NEW YORK
Cornell Univ. Issues Presentation on Research in Employer Payroll Fraud
• Costs and Extent of Misclassification and Other Violations
• Summary of Key State Laws and Actions to Date
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U.S. GENERAL ACCOUNTING OFFICE
Study Says Misclassification a 'Serious Problem'
•
Annual Taxpayer Losses Exceed $1.6 Billion
• DOL, IRS, and OSHA Agree to Report's Recommendations for Greater Interagency Cooperation and Increased Enforcement of Tax and Wage-and-Hour Laws
• UBC Summary of GAO Report w/ Link to Full Report (click here) |
MICHIGAN
Social and Economic Cost of Misclassification in Construction Industry
• 30% of Michigan employers misclassify employees or underreport payroll.
•
20% of the workers of employers who misclassify are either erroneously labeled
self-employed or receive unreported payments.
• In all, 8% of ALL Michigan construction workers are misclassified or receive
payments that are not reported by their employers.
• Some $1.5 billion in annual payroll not reported to Unemployment Insurance Agency. • Cost to UI trust fund is $17 million each year.
• Projections see an additional $20 to $33 million in state income tax lost every year.
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FLORIDA
Regulators' Report Cites WC Reforms, Fraud Fight in Reduced Premiums
•
Contractors' rates down 52% since 2003 reform/enforcement law. (Pg. 25)
• "[T]wo primary reasons for the continued rate reductions: [lower claims costs and]
the continued crackdown on companies fraudulently avoiding payment for workers’
compensation insurance." (Pg. 25)
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NEW YORK
2008 Report of the Joint Misclassification Enforcement Task Force
•
12,300 instances of employee misclassification since task force inception in 2007.
• $157 million unreported taxable wages.
• $2.5 million UI taxes recouped in 46 joint sweeps, primarily of construction industry.
• $1+ million in penalties for UI fraud penalties.
• $4.8 million overall in newly assessed UI taxes.
• $1.1 million in Workers Comp fines and penalties.
• $12 million unpaid wages owed to workers. |
TEXAS
Austin Study Finds 38% in Construction Misclassified; Cost Tops $8.6M ""
•
38% of Austin construction workers were misclassified as independent contractors.
• At least $8,618,869 in federal taxes and state unemployment taxes will
be lost this
year due to misclassification of Austin construction workers in vertical construction,
just one sector of the
industry.
• The Texas Workforce Commission’s 2008 audit of selected companies revealed that
the construction industry had more misclassified workers and lost tax dollars than any other industry in Texas. |
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U.S. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
[summary; link to full report below]
Study Cites Billions in Taxes Lost to Misclassification, Calls for IRS-Wide
Coordination to Increase Compliance & Full Research on Current Losses
• "In their response to the report, IRS officials agreed with the recommendations...
The IRS has already begun addressing both [coordination and research] issues."
•
"Misclassified workers are a significant portion of the employment tax gap."
• "Preliminary analysis of Fiscal Year 2006 operational and program data found that
underreporting attributable to misclassified workers is likely to be markedly higher
than the $1.6 billion estimate from1984" [last full study].
|
U.S. Treasury IG for Tax Admin [full report]
"While Actions Have Been Taken to Address
Worker Misclassification, an Agency-Wide
Employment Tax Program and Better Data
Are Needed"
(Ref. Number: 2009-30-035)
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OHIO
Report of the Ohio Attorney General
on the Economic Impact of Misclassified Workers
for State and Local Governments in Ohio
•
"The conclusion we reach is that worker misclassification very likely imposes
direct costs to state and local governments in Ohio costing hundreds of millions
of dollars in lost revenues
annually to state and federal government."
[From the Executive Summary]"
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CALIFORNIA
2008 Annual Report on Payroll Fraud Enforcement
CA Employment Development Dept. |
|
FLORIDA: GRAND JURY REPORT
Worker Comp Fraud via Check-Cashing Firms (excerpt) |
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WASHINGTON DC
Enforcing Change: Five Strategies for the Obama Administration to Enforce Workers’ Rights at the Department of Labor
Center for American Progress Action Fund, American Worker Project |
|
MASSACHUSETTS: Social and Economic Costs of Misclassification in Construction (Harvard) |
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CALIFORNIA: Workers Comp Fraud--Extent and Impacts on Honest Emplyers (UC Berkeley) |
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CONNECTICUT: Cost to Connecticut of Employee Misclassification 1992 |
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WASHINGTON: Unregistered Firms Evaded $274M in 2004 Taxes and Workers Comp
(Joint Agency Report) |
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NEW YORK CITY: Taxpayer Impact of Underground Economy in NYC Construction
(Fiscal Policy Institute, 12-07) |
|
MINNESOTA: Misclassification of Employees as Independent Contractors
(Office of Legislative Auditor, 11-07) |
|
Planmatics Study for USDOL on Unemployment Insurance |
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GAO Study on Reducing Tax Gap 2005 |
NEW YORK State: How Big is the Workers Compensation Shortfall? (Fiscal Policy Institute) |
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GAO: Employment Arrangements--Improved Outreach Could Help Insure Proper Classification |
|
Bear Sterns: Underground Labor Force is Rising to the Surface |
|
NEW YORK State: The Cost of Worker Misclassification in New York State (Cornell) |
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NEW YORK CITY: The Underground Economy in New York City's Affordable Housing Industry (Fiscal Policy Institute) |
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MAINE: Economic Costs of Misclassification in Construction |
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Coopers-Lybrand: Projected Loss of Federal Revenue Due to Misclassification |
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FLORIDA: Part I Loss of Florida Workers Comp. Premiums in 1997 |
FLORIDA: Part II Loss of Florida Workers Comp. Premiums in 1997 |
GAO: 1996 Testimony on Misclassification |
ILLINOIS: Economic Costs of Employee Misclassification in Illinois |
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Canada: Attacking the Underground Economy in Ontario |
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Canada: Estimated Revenue Losses due to Underground Practices in Ontario |
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Canada: Underground Economy Bad for Construction Industry, Bad for Government, Too |
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