Over the last several years, Pepper has handled independent contractor compliance and misclassification matters for dozens of clients in various industries. Our engagements include:
- reviewing existing independent contractor relationships to evaluate whether individuals are classified properly
- restructuring and re-documenting independent contractor relationships, including updating and adding state-of-the-art provisions to independent contractor agreements in order to enhance compliance with state and federal independent contractor laws
- counseling on best practices for clients to create or enhance bona fide independent contractor relationships
- advising clients that are contemplating independent contractor relationships that would not comply with state and federal tax and labor laws to classify new workers as employees or engage a workplace staffing company to hire its projected employees
- analyzing employee benefit plan documentation for several clients to determine if the eligibility provisions effectively “carve out” groups of independent contractors if they are re-characterized as common law employees, and determining if the exclusion of contractors impacts nondiscrimination testing requirements under ERISA.