Vision Payroll

November 3, 2008

Attorney General Files Suit against Companies for Misclassifying Employees as Independent Contractors

California Attorney General Edmund G. Brown, Jr. recently filed suit against three trucking companies alleging that the companies improperly classified their employees as independent contractors. The suits filed against Guasimal Trucking, LLC, Noel A. Moreno and Emma R. Moreno, owners of Moreno Trucking, and Edmundo Jose Lira, operator of a trucking business. All three companies hire drivers to transport cargo from the ports of Los Angeles and Long Beach. The suits allege that by misclassifying their drivers the companies fail to pay Unemployment Insurance taxes, to pay Employment Training Fund taxes, to withhold and transmit State Disability Insurance taxes, to withhold State income taxes and file a withholding return, to provide workers’ compensation insurance, and to provide employees with pay stubs. All these items are required under various sections of California law. Please contact your labor law attorney immediately if you have questions on the proper classification of your workers as employees or independent contractors. Vision Payroll will work with you to help ensure proper taxes are paid, returns filed, and pay stubs provided.

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