Employers have an obligation to exercise due diligence in determining not only who they hire, but also who they allow on their premises to perform work. This includes not only regular employees, but also independent contractors and other contingent workers, including freelancers, consultants and long-term temps.
Employers have significantly increased their use of contingent workers in recent years, since such workers enable employers to enjoy savings in terms of tax withholding, Medicare and Federal Insurance Contributions Act contributions and unemployment and workers' compensation premiums when the workers are used and classified properly, and since they offer employers the opportunity to utilize uniquely-skilled, top talent in their workforce, all while allowing the worker to enjoy flexibility and work-life balance.
