Virginia enacts employee misclassification provisions
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Wednesday, May 13, 2020

Virginia enacts employee misclassification provisions

By Payroll and Entitlements Editorial Staff

Virginia enacted provisions prohibiting individuals from being classified as independent contractors if they are employees. An individual performing services for remuneration is considered an employee of the party paying the remuneration, unless it is shown that the individual is an independent contractor under IRS guidelines.

The tax commissioner is authorized to work and share information with various state agencies in order to identify employers who fail to properly classify individuals as employees. (Ch. 682 (S.B. 744), Laws 2020, effective January 1, 2021).

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