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August 24, 2010/ 10 a–11 a.m. PT
CLE: Employees Versus Independent Contractors
Employment and Tax Implications
Location: Via telephone
Additional Info: Oregon State Bar
Cost: $65
Description:
As employers seek to outsource a greater share of their work to independent contractors or other firms, they hope to benefit from certain employment and tax law benefits, including the limitation of EEO liability and no employment tax obligations.
However, those benefits are not nearly as categorical or as extensive as widely believed.
This program discusses how federal EEO laws tag employers for discrimination or harassment committed by or on contractors. The program also covers the application of extensive IRS tax factors for determining whether a worker is an employee, with all of the tax obligations that classification entails, or a contractor.
This program is essential learning in the age of outsourcing.
- Employment and tax law implications of outsourcing work
- Outsourcing work versus outsourcing EEO liability: How employers may still be liable
- Determining employer EEO liability for violations committed by or with respect to contractors
- Understanding IRS factors for determining whether a worker is an “employee” or “independent” contractor
- New taxes and issues arising from recent health care reform
- Income tax and employee benefit obligations of employer depending on classification
1 General CLE credit
Speaker:
Carol R. Miaskoff is an Assistant Legal Counsel at the U.S. Equal Employment Opportunity Commission in Washington, D.C., where she has played a central role in addressing new labor and employment legislation from the EEOC perspective, including various aspects of the Health Insurance Portability and Accountability Act (HIPAA) and the Family and Medical Leave Act (FMLA). She is an author of the law review article “Coverage of Psychiatric Disorders Under the Americans with Disabilities Act,” with Peggy R. Mastroianni.










