IndependentContractorCompliance.com: A Legal Resource Promoting Compliance with Laws Permitting the Use of Independent Contractors

This is the first blog post for IndependentContractorCompliance.com, a website dedicated to two objectives:

  • Corporate compliance with federal and state laws permitting the use of independent contractors.
  • Collection and maintenance of legal resources on the subject of independent contractors.

The authors of this blog have been handling worker classification matters for more than 20 years.  Activity and interest in this area has accelerated since 2006, when the IRS revamped its long-standing “20-factor” test for determining whether a worker is an employee or independent contractor.  In 2008, several state legislatures and the federal government began to consider legislation to address the issue of independent contractor misclassification; the IRS made misclassification a “questionable employment tax practice” (QETP); and several states organized task forces to coordinate information among state employment and revenue departments to toughen enforcement of existing laws prohibiting misclassification of workers.

Also in 2008, the national media began to report on class actions that had been filed against FedEx Ground, in which the plaintiffs alleged that its drivers, whom the company treated as independent contractors, should be recharacterized by the courts as common law employees.  By 2008, unions at the national and local levels had also begun a concerted effort to organize workers that they claimed were misclassified “employees.”

As part of Pepper Hamilton’s interdisciplinary practice in this field of law, in which we address this issue from the labor, tax, and employee benefits law perspectives, we have collected an array of legal and business materials on independent contractor misclassification. We have assembled and catalogued a substantial portion of those materials in this site as a legal resource for those interested in this subject of national importance.

By clicking on the “Resources/Links” tab on the left side of this site, viewers of this new blog can obtain the most comprehensive directory of legal and business resources available to the public on topics relating to independent contractor (IC) compliance and misclassification. The topics are:

  • Federal IC Laws and Bills
  • State IC Laws and Selected Bills
  • Pros and Cons of “IC-Neutral” and “IC-Minus” Legislation
  • Newspaper and Other Articles of Note
  • Articles, Webinars and Podcasts by Pepper Hamilton LLP

Readers of this blog are encouraged to submit to the authors any new or updated resources (with links), either by posting a comment or by sending an e-mail to the authors.

Richard Reibstein
Lisa Petkun
Andrew Rudolph
Partners, Pepper Hamilton LLP

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