LINCOLN — Iowa is being more aggressive than Nebraska in cracking down on unscrupulous businesses that hide illegal immigrant workers by misclassifying employees as “independent contractors.”
Iowa also is doing a better job of collecting taxes that companies have avoided through the misclassification.
Nebraska has a new law to crack down on such employers, but enforcement has been less successful by comparison.
In Iowa, a special investigative unit has collected $2.1 million in unpaid taxes, penalties and interest in its first 18 months and has identified nearly five times more misclassified workers than Nebraska.
Some Nebraska businesses say the state could collect between $9 million and $18 million in unpaid taxes a year if it followed Iowa’s lead.
“They’ve just scratched the surface” in Nebraska, said Jim Steele, a safety director with a La Vista drywall company. “They need to press on the accelerator.”
Misclassification is most prevalent in the construction trades, such as drywall, framing and masonry workers, as well as among cleaning crews and truck drivers.
Firms can slice up to 30 percent of their labor costs by misclassifying workers as independent contractors. They can undercut other companies when bidding for jobs because they aren’t required to withhold and pay workers’ compensation insurance, unemployment insurance, income taxes and Social Security on such employees.
The World-Herald revealed in 2003 how employers misclassified undocumented immigrants who helped build Omaha’s Qwest Center.
Two years ago, Tufly Drywall Inc. was fined $150,000 in U.S. District Court for employing undocumented immigrant workers during construction of the Zorinsky Federal Building in downtown Omaha. The workers had been misclassified to escape background checks.
The recent recession put a bigger spotlight on the issue as construction work became harder to find, increasing pressure to cut labor costs in tough bidding wars.
The issue inspired former Iowa Gov. Chet Culver to order a task force study in 2008. That led to the creation of a special enforcement unit, with six investigators, a supervisor and an attorney. The unit has found 2,602 misclassified workers and $61 million in unreported wages since September 2009.
Even with Iowa’s tight budget, there’s no talk of cutting the $750,000-a-year effort.
http://www.southwestiowanews.com/articles/2011/01/30/council_bluffs/doc4d44d68f90c62293959165.txt

