Misclassification occurs if an employer treats people as independent contractors when they are employees. Some employers use this tactic to avoid compliance with:
When you pay workers off the books, it is fraud. It deprives workers of the protections they deserve.
These practices also put law-abiding business at a competitive disadvantage, because they incur expenses for UI and Workers' Compensation for their employees.
New York has a Joint Enforcement Task Force with staff from:
The goals of the task force are to:
Let us know if you think an employer is committing fraud by:
We take all allegations of fraud and violations seriously. You can remain anonymous. Please include as many details as possible. We keep all information secure.
Submit complaints to the Task Force in the department's Employer Fraud Unit, 24-hours a day at 1-866-435-1499.
Fax it to: 518-485-6172
Mail it to:
New York State Department of Labor
Liability and Determination, Fraud Unit
W.A. Harriman State Office Campus
Building 12 - Room 356
Albany, New York 12240
The New York State Department of Labor and other partner agencies share data to uncover fraud. This helps assure compliance with employment, tax and insurance laws.
The department's Unemployment Insurance Division and the Internal Revenue Service also share data -- including audits and investigations. New York is a signatory to the Federal-State Questionable Employment Tax Practices (QETP) program. For details, please view the QETP Progress Report.
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