Andrew J. Rudolph

Andrew J. Rudolph

Pepper Hamilton LLP

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September 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

10/8/2014 - Contractors Employee Rights Employer Liability Issues FedEx Independent Contractors Misclassification NLRA NLRB

FedEx Hit with Avalanche of Independent Contractor Misclassification Rulings

In the past week, the Supreme Court of Kansas and the National Labor Relations Board have issued lengthy, comprehensive opinions finding that FedEx misclassified its Home Delivery and Ground Division drivers as independent...more

10/7/2014 - Compliance Corporate Counsel Employee Rights FedEx Independent Contractors Misclassification NLRA NLRB Popular

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But...

On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more

10/3/2014 - Employer Liability Issues Independent Contractors Misclassification Risk Management Wage and Hour Wages

1099ers Exposing Startups, Private Equity Firms to Costly Liability

A recent online edition of New York Magazine’s “Daily Intelligencer” includes a comprehensive article on how Silicon Valley startup tech companies using “the 1099 model” may be exposed to employment, tax and benefit law...more

9/25/2014 - 1099s Employer Liability Issues Independent Contractors Popular Private Equity Small Business Startups W-2

Silicon Valley Misclassification: ‘New York’ Magazine Focuses on How the 1099 Economy May Be Exposing Tech Start-Up Companies to...

Today’s online edition of New York Magazine’s “Daily Intelligencer” includes a comprehensive article on how Silicon Valley start-up tech companies using “the 1099 model” may be exposed to employment, tax, and benefit law...more

9/22/2014 - 1099s Employee Rights Employer Liability Issues Independent Contractors Misclassification Popular Silicon Valley Startups W-2

U.S. Labor Department Awards $10.2 Million to 19 States to Help Finance Their Crackdown on Independent Contractor...

The news from Washington, D.C. yesterday is that the U.S. Department of Labor is funding 19 states’ efforts to crack down on businesses that unwittingly or intentionally fail to make unemployment contributions for individuals...more

9/17/2014 - Classification DOL Employer Liability Issues Independent Contractors Misclassification Popular

August 2014 Monthly Independent Contractor Compliance and Misclassification Update

This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more

9/3/2014 - AFL-CIO Appeals Class Action Commercial Truck Drivers Construction Industry Discrimination Employer Liability Issues Executive Orders FedEx Independent Contractors Lyft Misclassification Newspapers Trucking Industry Uber Wage and Hour

Earthquake in the Independent Contractor Misclassification Field: Changed Landscape Following Serious Legal Blow to FedEx Ground...

FedEx Ground has been at the epicenter of the crackdown on IC misclassification by government regulators, state legislators, and plaintiffs’ class action lawyers since 2007, when a California appellate court found...more

9/2/2014 - Classification Contractors Employer Liability Issues FedEx Independent Contractors Misclassification

July 2014 Monthly Independent Contractor Compliance and Misclassification Update

The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case that deals with a commonplace event – but one that carries with it the potential for unanticipated...more

8/5/2014 - Classification Compliance Contractors Employer Liability Issues Independent Contractors Misclassification Subcontractors Trucking Industry

Congress Re-Introduces Independent Contractor Misclassification Law

Sen. Bob Casey (D-PA) announced on November 12, 2013 that he had introduced a bill called the Payroll Fraud Prevention Act of 2013 at a hearing of the Senate Subcommittee on Employment and Workplace Safety. The bill is yet...more

11/18/2013 - Compliance Employer Liability Issues Fraud Independent Contractors Misclassification

IRS Announces All Same-Sex Marriages Recognized For Federal Tax Purposes

Yesterday the U.S. Department of Treasury and the Internal Revenue Service (IRS) announced that, as a result of the holding in U.S. v. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, the...more

8/30/2013 - DOMA Federal Taxes IRS Retirement Plan Same-Sex Marriage US v Windsor

ACA Update: Employer Mandate To Be Postponed Until 2015

The Obama administration announced on July 2 that it will provide an additional year before employers are required to comply with the employer mandate of the Affordable Care Act (ACA). ...more

7/4/2013 - Affordable Care Act Delays Employer Mandates Pay or Play Shared Responsibility Rule Tax Penalties U.S. Treasury

Supreme Court Rules DOMA Unconstitutional – Employee Benefit Plan Implications

Yesterday, the U.S. Supreme Court, in U.S. v. Windsor, ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional because it violates the Fifth Amendment’s equal protection guaranty for persons of the same...more

6/28/2013 - COBRA Defined Benefit Plans DOMA Employee Benefits Equal Protection Health Insurance Income Taxes Retirement Plan Same-Sex Marriage SCOTUS Surviving Spouse US v Windsor

IRS Provides Administrative Guidance On Excludable Transportation Benefit Limits, Retroactively Increased As Of January 1, 2012

On January 16, 2013, the Internal Revenue Service (IRS) issued Notice 2013-8 providing a special administrative procedure for employers with respect to 2012 transit benefits. Under Section 132(f) of the Internal Revenue Code...more

1/25/2013 - American Taxpayer Relief Act FICA Taxes Form 941 IRS Refunds Retroactive Application Transit Benefits W-2

Hidden Due Diligence Risk In Mergers, Acquisitions And Investments: Independent Contractor Misclassification Oftentimes Overlooked...

Many due diligence reviews in mergers, acquisitions and investments have ignored the issue of independent contractor (IC) misclassification liability. This is a difficult exposure to identify unless the legal team digs below...more

1/9/2013 - Acquisitions Due Diligence Hedge Funds Independent Contractors Investment Firms Misclassification Private Equity

New Misclassification Bill Introduced In Congress: The Independent Contractor Tax Fairness And Simplification Act Of 2012 Seeks To...

Yesterday, December 12, 2012, Rep. Erik Paulsen (R-Minn.) introduced a bill that bears many similarities to a bill introduced earlier this year by 33 Democrats. The Independent Contractor Tax Fairness and Simplification Act...more

12/14/2012 - Fair Playing Field Act Independent Contractor Tax Fairness and Simplification Act Independent Contractors Misclassification Safe Harbors

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