Labor & Employment Law Breakfast Briefing
August 25, 2008
You are invited to attend a complimentary seminar
Do You Know Who Your Employees Are?
The Employee Versus Independent Contractor Dilemma
A common mistake made by employers is improperly classifying workers as independent contractors versus employees. This mistake can prove extremely costly. Whether an individual is an employee or an independent contractor is a question of fact and must be determined for each person. If an individual is an employee, then any costs of workers' compensation, social security, and unemployment insurance, as well as federal and state income tax withholding, are the responsibility of the employer. Penalties for failing to take responsibility for these costs can be significant.
The Electronic Workplace: Avoiding the Legal Pitfalls
Most employers communicate through email and permit employee access to the Internet. The content of a particular email can win or lose a lawsuit. Significant rules now exist concerning an employer’s obligation to preserve emails during litigation. Employers may monitor the content of employee emails but should do so in a manner that avoids invasion of privacy claims and violation of state and federal email monitoring laws. Excessive or improper Internet use can result in the unlawful use of protected software and violation of copyright laws, as well as loss of employee productivity. It is therefore important for employers to have a thorough understanding of the legal issues associated with email and Internet use and to implement electronic workplace policies that adequately address these issues.
Recent EEOC Decisions under Title VII: What You Can Learn from Others’ Mistakes
Over the past several years, the EEOC has decided a number of interesting Title VII cases. Employers and HR Representatives will benefit from learning what other employers did right or wrong in specific Title VII cases. Even a small mistake by an employer can lead to costly and time-consuming Title VII litigation. Marilyn Tucker will outline and discuss several important Title VII cases involving allegations of sex discrimination and race discrimination. She will specifically address what the employer did right or wrong in each case.
Year-End 409A Deadlines: Are Your Plans Ready?
Some employment agreements, severance agreements, bonus plans and incentive plans must comply with Internal Revenue Code Section 409A before the end of this year, or they will be subject to a 20% excise tax. Do your agreements or plans need to be revised by December 31, 2008? All 401(k) plans must be rewritten over the next two years to comply with changes in the law. Find out what you need to do in this session.
Wednesday, September 17, 2008
Marriott Indianapolis North
3645 River Crossing Parkway
Indianapolis, Indiana
8:00 a.m. to 10:00 a.m
with continental breakfast at 7:45
Register by e-mail to kbonnell@taftlaw.com
Do You Know Who Your Employees Are?
The Employee Versus Independent Contractor Dilemma
A common mistake made by employers is improperly classifying workers as independent contractors versus employees. This mistake can prove extremely costly. Whether an individual is an employee or an independent contractor is a question of fact and must be determined for each person. If an individual is an employee, then any costs of workers' compensation, social security, and unemployment insurance, as well as federal and state income tax withholding, are the responsibility of the employer. Penalties for failing to take responsibility for these costs can be significant.
The Electronic Workplace: Avoiding the Legal Pitfalls
Most employers communicate through email and permit employee access to the Internet. The content of a particular email can win or lose a lawsuit. Significant rules now exist concerning an employer’s obligation to preserve emails during litigation. Employers may monitor the content of employee emails but should do so in a manner that avoids invasion of privacy claims and violation of state and federal email monitoring laws. Excessive or improper Internet use can result in the unlawful use of protected software and violation of copyright laws, as well as loss of employee productivity. It is therefore important for employers to have a thorough understanding of the legal issues associated with email and Internet use and to implement electronic workplace policies that adequately address these issues.
Recent EEOC Decisions under Title VII: What You Can Learn from Others’ Mistakes
Over the past several years, the EEOC has decided a number of interesting Title VII cases. Employers and HR Representatives will benefit from learning what other employers did right or wrong in specific Title VII cases. Even a small mistake by an employer can lead to costly and time-consuming Title VII litigation. Marilyn Tucker will outline and discuss several important Title VII cases involving allegations of sex discrimination and race discrimination. She will specifically address what the employer did right or wrong in each case.
Year-End 409A Deadlines: Are Your Plans Ready?
Some employment agreements, severance agreements, bonus plans and incentive plans must comply with Internal Revenue Code Section 409A before the end of this year, or they will be subject to a 20% excise tax. Do your agreements or plans need to be revised by December 31, 2008? All 401(k) plans must be rewritten over the next two years to comply with changes in the law. Find out what you need to do in this session.
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