Independent Contractors

IRS Worker Classification Audits—Risks And Relief Options

by Vicki M. Nielsen | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/23/2013

The battle between the Internal Revenue Service (IRS) and taxpayers continues over independent contractor treatment. ...more

Independent Contractor or Employee: Are Independent Contractors the Best Solution for Multinational Organizations?

by Carson G. Burnham, Bonnie Pucket | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2013

Almost every organization expanding overseas needs a vehicle to explore the market before making the business decision to establish a legal entity, yet few legal vehicles are available for this preliminary measure. Most...more

Do You Want to Start A Business? Top 10 Questions & Answers For Business Start-Ups

by Ian Scott | Scott Legal Services, P.C. on 4/23/2013

When starting a new business, our clients often have several questions and more often than not their questions are the same. This article summarizes some of key questions and answers that our clients have asked us....more

Third-Party Software Providers— Will the DGE Take a Hard Look at Them?

by Frank DiGiacomo, Eric D. Frank | Duane Morris LLP on 4/16/2013

Unlock your iPhone and today you can swipe through the plethora of apps from the multitude of independent software providers available at your fingertips. As our phones have transformed into ‘smart phones,’ other forms of...more

New initiatives from the WSIB in 2013

by Kevin MacNeill, Daniel Mayer, Samantha Seabrook | Heenan Blaikie LLP on 4/11/2013

The Workplace Safety and Insurance Board (“WSIB”) is in a state of flux, with many changes happening now and more on the horizon. In order to keep you up-to-date on the most recent workers’ compensation initiatives, this...more

FCA Provides Guidance On Role Of Intent In Determining Status Of Worker

by Timothy Fitzsimmons | Dentons on 4/9/2013

The role of intent in the determination of whether a worker is an employee or independent contractor has taken on greater significance in the last decade or so. However, despite a series of decisions on the issue from the Tax...more

MoFo New York Tax Insights - Volume 4, Issue 4 - April 2013

by Hollis L. Hyans, Kara M. Kraman, Amy F. Nogid, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 4/8/2013

In This Issue: New York Court of Appeals Upholds “Amazon” Statute; Guilty Plea and $5.5 Million Settlement Resolve New York’s False Claims Case; City ALJ Dismisses Case Seeking Interest on $30 Million Refund;...more

IRS Temporarily Liberalizes Requirements For Employment Tax Partial Amnesty Program But June 30th Deadline Looms

by Philip Diamond | Carlton Fields on 4/3/2013

Many companies struggle with how to classify their workers for tax purposes. Are they employees? Or, are they independent contractors?...more

March 2013 - SALT Shaker Newsletter

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Sahang-Hee Hahn, Jessica Kerner, Pilar Mata, more +Kathryn Pittman, David Pope, Jack Trachtenberg | Sutherland Asbill & Brennan LLP on 4/1/2013

In this issue: - Delivered by Independent Contractors, Undelivered by P.L. 86-272: Order Fulfillment Activities Subject Out-of-State Seller to New York Corporation Franchise Tax - Everything’s Bigger in Texas,...more

Changes In The IRS Independent Contractor Classification Program

by Lisa B. Petkun | Pepper Hamilton LLP on 3/29/2013

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

Podcast Shines Light On Latest California Employment News

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 3/29/2013

The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more

Does Your Company Really Own Its Intellectual Property?

by The R. Bernard Law Group on 3/27/2013

One of the most common pitfalls we see with startups is the failure to either properly register or assign the company’s intellectual property. This detail is often lost in the desire to move forward with fundraising attempts...more

IRS Provides Additional Favorable Guidance on Recently Modified Voluntary Classification Settlement Program

by David Diaz, Jeffrey Holdvogt, Ruth Wimer | McDermott Will & Emery on 3/20/2013

On February 27, 2013, the Internal Revenue Service (IRS) issued News Release IR-2013-23 to provide additional favorable guidance regarding modifications to the Voluntary Classification Settlement Program (VCSP) issued in...more

Hot Wage and Hour Issues for Home Healthcare Employers

by Gregory Brown, Marcia Ganz, Anne Mellen, Robert O'Brien, Breanne M. Sheetz, Angelo Spinola, Carole Wilder | Littler on 3/20/2013

In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification...more

Crowdsourced Workers: Are They Employees or Independent Contractors?

by Michael Newman | Barger & Wolen on 3/19/2013

What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment? You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late...more

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 3/18/2013

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification...

by Jim Archibald, Bruce Ely, Stuart Frentz, William Thistle | Bradley Arant Boult Cummings LLP on 3/15/2013

For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....more

If I’m an independent contractor, why are there rules regarding my conduct?

by Babener & Associates on 3/14/2013

From a legal standpoint, you are an independent contractor because the company does not tell you when, where, and how to perform your tasks. If it did, you would be an employee. Adopting guidelines on ethical issues, consumer...more

Dog Days (of Winter) are Over: Audits for Worker Misclassification On Increase

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/12/2013

Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers...more

2013 US Labor and Employment Horizon

by K&L Gates LLP on 3/12/2013

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more

To Pay or Not To Pay: Payment of Wages under Federal Wage and Hour Law

by Michael Pavlick | K&L Gates LLP on 3/7/2013

“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -...more

IRS Expands VCSP Program

by Scott T. Silverman | Akerman Senterfitt on 3/6/2013

On February 27, 2013, the Internal Revenue Service (IRS) announced its expansion of the Voluntary Classification Settlement Program (VCSP) to allow more employers to achieve certainty under the law by reclassifying their...more

How to Survive the Department of Labor’s Wage and Hour Enforcement

by Carl Hellerstedt, Jr. | Spilman Thomas & Battle, PLLC on 3/4/2013

As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in...more

Who is an employee and who is an independent contractor under the employer mandate provisions of the Affordable Care Act...

by Michael Newman | Barger & Wolen on 2/27/2013

As we have written in this space in the past, whether a worker is an employee or an independent contractor can have many consequences. The classification can determine whether the principal is liable for the negligent acts...more

5th Circuit Holds No Coverage for Trucking Accident

by Traub Lieberman Straus & Shrewsberry LLP on 2/26/2013

In its recent decision in Canal Indem. Co. v. Rapid Logistics, 2013 U.S. App. LEXIS 3772 (5th Cir. Feb. 22, 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion to consider whether...more

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