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About the Teleseminar
In every industry, employers are increasingly relying on independent contractors over traditional full-time employees to grow their businesses. Contactors give employers substantial flexibility – they are able to tap certain specialized skills without the risk of a full-time hire, they are able to structure performance based compensation arrangements without the financial risk of guaranteed salaries or benefits, they are also able to make quick changes to the composition of their workforce if a contractor or initiative does not work out. However, the risk is if the independent contractor relationship is not properly documented, the employer has unlimited liability for contactor activity and substantial tax liability on compensation paid to the contractor. This program will provide you with a practical guide to drafting independent contractor agreements, including the term of an agreement, compensation, major tax issues, reporting and the limitation of liability.
· Drafting major provisions of independent contractor agreements
· How independent contractor agreements differ from employment agreements
· Term of agreements – fixed term and tied to attaining performance benchmarks
· Compensation – fixed and performance-based
· Liability issues – limiting employer liability for certain forms of contractor conduct
· Training of contractors and reporting back to employer
· Tax traps – factors that may trigger employer liability for FICA
About the Speaker
Raymond W. Bertrand is a partner in the San Diego office of Paul Hastings LLP, where he represents employers in a wide range of employment matters. His litigation practice includes wage and hour, discrimination, harassment, retaliation, leaves of absence, contract disputes, wrongful discharge, whistleblower, trade secrets and other types of employment-related matters. In the wage and hour context, he also represents clients before the U.S. Department of Labor and state regulators. He also authors the wage and hour section of Matthew Bender’s “California Labor & Employment Bulletin” and has authored various articles on wage and hour matters. Mr. Bertrand received his B.A. from State University of New York Binghamton and his J.D. from Albany Law School.
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE credit hour, including up to 1.0 Employment & Labor Law Specialty Credit Hour - Tentative.