The firm’s monthly discussion of employment law issues and hot topics authored by Jeff Snyder and Erin McDermit, has just been released and covers five additional “best practice” areas to consider in an effort to minimize risk.
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n California, the Employment Development Department (“EDD”)investigates misclassification of employees and, if misclassification is found, can issue an assessment against the offending business to recover tax related withholding the employer should have paid but didn’t (including unemployment and state disability insurance payments, employment training taxes, and personal income tax) and penalties. Now, a California Court of Appeal has emphatically warned employers about the administrative steps they must follow if they intend to challenge the EDD assessment in court and seek a refund of the tax related payments.
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