Millions of Americans are now involved in some form of sporadic, non-traditional related job, whether it is called freelancing, temping, ubering, etc. In some instances, these individuals are clearly in business for themselves. There are, however, an increasing number of “gigs” which closely resemble traditional employment. According to David Weil, administrator of the Department of Labor’s Wage and Hour Division, the employment relationship between workers and businesses in the U.S. has become “fissured” apart as companies seek to outsource certain non-core tasks to separate companies or individuals. So what does the DOL have to say about being a joint employer? And what impact (if any) will this guidance have on I-9 compliance? Enter the I-9 Conundrum: I-9 regulations specifically exempt “independent contractors.” However, what if you are misclassifying your employees as independent contractors? What if you are actually a “joint employer” for purposes of completing the I-9? This raises a potentially sticky I-9 problem for employers.
The Fissured Workplace, the I-9 Conundrum and the Gig Workforce
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