Lisa B. Petkun

Lisa B. Petkun

Pepper Hamilton LLP

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November 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more

12/3/2014 - Adult Entertainment Appeals Class Action Commercial Truck Drivers Delivery Drivers DOL Employer Liability Issues FLSA Google Handy.com Independent Contractors Misclassification Offshore Drilling Oil & Gas Popular Silicon Valley Startups Trucking Industry Wage and Hour

October 2014 Independent Contractor Compliance and Misclassification Update

- TAX COURT DECISION REMINDS COMPANIES THAT “OFFICERS” ARE STATUTORY EMPLOYEES AND THEREFORE CANNOT BE INDEPENDENT CONTRACTORS. The United States Tax Court held that a company that was engaged in the buying, reconditioning,...more

11/5/2014 - Compliance Employee Rights Employer Liability Issues Independent Contractors Misclassification

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

Final Noncompensatory Partnership Options Regulations Could Affect the Tax Treatment of Penny Warrants and Other Arrangements

Investments in partnerships (and other pass-through entities such as limited liability companies treated as a partnership) often involve the acquisition of warrants, options or other rights to acquire securities. This is...more

7/7/2014 - Business Taxes IRS Limited Liability Companies Partnership Agreements Partnerships Pass-Through Entities UBTI

In Frank Aragona Trust, Tax Court Holds that Trustees’ Activities as Employees Count for Purposes of Material Participation Under...

The issue of whether a trust has passive or non-passive income from its investment in a pass-through entity has taken on increased importance in light of the tax imposed on net investment income under Code Section 1411 of the...more

7/3/2014 - Employee Definition IRS Limited Liability Companies Net Investment Income Pass-Through Entities Passive Activity Real Estate Investments Tax Court Trustees Trusts

Foreign Tax-Exempt Organizations Exempt from Withholding Tax

Investment funds, including private equity funds, often receive capital contributions from tax-exempt organizations. These tax-exempt institutions may include U.S. and foreign pension funds, as well as U.S. and foreign...more

7/3/2014 - Colleges Corporate Contributions Foreign Charities Foreign Entities Investment Funds Pensions Private Equity Funds Public Charities Tax Exempt Entities Universities

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

U.S. Supreme Court Agrees To Hear Government’s Appeal Of Sixth Circuit’s Ruling In U.S. v. Quality Stores That SUB Payments Are...

On October 1, 2013, the U.S. Supreme Court agreed to hear the federal government’s appeal of the Sixth Circuit’s decision in United States v. Quality Stores, Inc. (In re Quality Stores, Inc.), 693 F.3d 605 (6th Cir. 2012),...more

10/3/2013 - FICA Taxes Quality Stores SCOTUS SUB Payments Wages

Challenges To Deducting Settlement Payments Under The False Claims Act: Fresenius Sheds Light On The Burden

Whether a business may deduct litigation settlement payments can have a substantial real dollar impact on the business. In the midst of combating potential litigation, companies rarely first focus on the potential tax impact...more

9/25/2013 - Deductions False Claims Act Fresenius IRS Settlement Tax Planning

Purely Public Charity In Pennsylvania? Retirement Home Fails Tests In Dunwoody

The Pennsylvania Commonwealth Court recently upheld a decision that denied a property tax exemption to a continuing care retirement community in Dunwoody Village, Inc., 52 A. 3d 408 (Pa. Commw. Ct. 2012)....more

7/17/2013 - Charitable Organizations Continuing Care Retirement Communities Exempt Organizations Retirement Tax Exemptions

Federal Appeals Court Holds That Supplemental Unemployment Compensation Benefits Are Not ‘Wages’ Subject To FICA Taxation,...

In an important recent decision, United States v. Quality Stores, Inc., et al., Case No. 01-1563, 2012 U.S. App. LEXIS 18820 (6th Cir. Sept. 7, 2012), the U.S. Court of Appeals for the Sixth Circuit held that supplemental...more

4/15/2013 - FICA Taxes IRS Quality Stores Tax Liability Unemployment Benefits Unemployment Compensation System Wages

Changes In The IRS Independent Contractor Classification Program

In September 2011 the Internal Revenue Service (IRS) announced a new voluntary relief program for worker status termed the voluntary classification settlement program (VCSP). Announcement 2011-64, 2011-41, I.R.B. 503. On...more

3/29/2013 - Independent Contractors IRS Misclassification VCSP

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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