(This was originally sent to our clients, colleagues and friends on December 9, 2007.)

USCIS (formerly known as the Immigration and Naturalization Service) has adopted a new Form I-9 which all employers must begin using on December 26, 2007. In short, USCIS is stepping up its enforcement of work place compliance with U. S. immigration laws. There are penalties for failure to adhere to the new rules.

Recently, the Massachusetts Attorney General (AG) released a draft Advisory which provides further clarification on their interpretation of the state’s independent contractor law, and makes it clear that they will be more aggressive in their enforcement of the law.

If your business uses independent contractors in Massachusetts, we strongly encourage you to determine if you are properly classifying these individuals and if your business is not classifying them properly, to assess your risks.