In prior articles and blog entries, we have reported on the ever-increasing and intense focus of federal and state government on issues of worker misclassification, as lawmakers and agencies around the country have heightened enforcement activity and potential penalties against businesses suspected of misclassifying employees as independent contractors. New York State has been leading the charge with its multi-agency Joint Enforcement Task Force on Employee Misclassification established three years ago by then-Governor Eliot Spitzer.

Should New York businesses expect an abatement of state government activity in this area if Andrew Cuomo is elected the state's Governor next week? Not likely, given thereported lawsuit that Cuomo -- as the state's current attorney general -- just filed against an international package delivery company, alleging that the company's ground delivery drivers are improperly classified as independent contractors instead of employees. Indeed, this action suggests that, under a Cuomo administration, New York businesses and employers may need to prepare for even more enforcement activity on the worker misclassification front.