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Employee v. Independent Contractor: Tax and Employment Law Considerations

Description

Characterizing a worker as an employee or independent contractor carries with it a multitude of substantial legal consequences, particularly in employment and tax law.

If a worker is an employee, the tax and compliance "cost" of a worker is substantially more than if the worker is an independent contractor.

The Affordable Care Act also requires employers of a certain size provide full-time (in distinction to part-time) employees with health insurance. In employment law, if a worker is characterized as an employee, the employer acquires EEO liability for the employee's actions.

This program provides attorneys advising businesses with a practical guide to classifying workers as employees or independent contractors, the substantive legal consequences under tax and employment law, and best practices to avoid liability.

  • Employment law factors for characterizing a worker as an employee or contractor
  • Employer liability for EEO and discrimination violations committed by contractors
  • Tax factors to determine whether a worker is a contractor v. an employee
  • Tax liability and withholding obligations of employers depending on the classification
  • Affordable Care Act implications of characterizing an employee as full-time or part-time

Contributors

  • C. Ben Huber

    C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law. He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property. His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors.

    Mr. Huber earned his B.A. from the University of Colorado and his J.D. at the University of Colorado Law School.

    Click here for more information about Ben.

December 11, 2020
Fri 1:00 PM EST

Duration 1H 0M

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