Independent Contractors

Are Your Independent Contractors Actually Employees?

by Katie Kelly | Fowler White Boggs P.A. on 5/24/2013

Independent contractors often provide several benefits to employers, such as removing an employer’s duty to pay overtime and health insurance for such workers. In turn, the independent contractor status provides individuals...more

Beware of Choice of Law When Drafting Independent Contractor Agreements

by Renee Inomata | Burns & Levinson LLP on 5/24/2013

As we have previously posted in Choice of Law in a Contract Can Be Critical, Ensuring Your Dispute Is Resolved in the Forum You Want Is Not Always Easy, and Selection of Forum Other Than Massachusetts May Not Avoid Wage Act...more

Gavel to Gavel: Agreements enforceable

by Sharolyn Whiting-Ralston | McAfee & Taft on 5/23/2013

For years, Oklahoma employers have required employees to sign agreements stating they will not solicit the company’s employees if they go to work for another employer. In April, Gov. Mary Fallin signed legislation confirming...more

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

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