The current law regarding whether a company can be held vicariously liable for the torts of independent contractors is a morass. Companies do not know in what circumstances liability will attach. Uncertainty and inconsistency are rife and well documented. As the use of outsourcing continues to increase in the US, an accurate assessment of the potential liability risks associated with independent contractors has become even more important. The theory advanced in this Article is designated the "Contract Preemption" model of liability because contract effectively preempts tort remedies in the first category of torts by cutting off tort recovery where there is privity. In the second category of torts, contract still has an important role to play as between the hiring company and the indepen...
... contractor obtain requisite levels of insurance. In this way, the company can use contract law to ...
... v. SCOTTSDALE INSURANCE COMPANY,. Defendant - Appellee. ... Indemnity and Insurance. . . . Contractor [S&W] shall defend, protect, indemnify and h... Liability insurance (with independent contractor's coverage and coverage for liabil...
Ted Ziemer Jr. remembers when Republicans took control of the Vanderburgh County Commissioners after the 2004 election, and he became their lead attorney. Ziemer asked that his law firm, Ziemer, Stayman, Weitzel & Shoulders, LLP, be paid a monthly retainer as an independent contractor rather than allow himself to become a salaried employee with county health insurance. His reason: It was easier for him.
A property owner may qualify for protection as a "general contractor" under a state labor code's exclusive remedy provision, the Texas Supreme Court has ruled. The plaintiff's employer had contracted with the defendant to perform as an "independent contractor" for construction and maintenance services at the defendant's plant. The defendant provided workers' compensation insurance to the contractor's employees in exchange for a lower contract price.
Richard Concepcion of the state Employment Development Department's Taxpayer Education and Assistance Program will speak at the Good Morning Long Beach Networking Breakfast on Wednesday. Concepcion will answer questions about employee/independent contractor taxes and how to manage you unemployment insurance costs and state payroll taxes.
The Patient Protection and Affordable Care Act, Public Law 111-148, was enacted on March 23, 2010, and the Health Care and Education Reconciliation Act (the Reconciliation Act), Public Law 111- 152, was enacted on March 30, 2010 (jointly referred to as ``the Affordable Care Act''). The Affordable Care Act and implementing regulations (codified in Department of Heath and Human Services (HHS) amended interim final rules (IFR) at 45 CFR Part 147) require that non- grandfathered health insurance plans and issuers offering group and individual coverage have effective internal claims and appeals and external review processes. The effective date for these requirements is plan or policy years beginning on or after September 23, 2010. Regarding external review, the statute requires that health p...
... expanded to include disclosure to a contractor for adjudication of the entire appeal. After Octob... may be administered by one or more Independent Review Organization(s) (IRO) under contract with O...
[Joseph Adams] advises businesses facing tax audits to have their tax consultants do the explaining to the IRS investigators. "If the clients talks to the [IRS] agent, it is construed as fact," he says. "If we say something, we can go back and say we were incorrect. We can be wrong because we are a third party. It is important to have evidence of independent-contractor status, since "from the state's point of view, nobody is paying unemployment or disability insurance if you are an independent contractor," says Vinay Navani, partner at the East Brunswick-based accounting firm of Wilkin & Guttenplan, P.C. Meanwhile, Raj Patel, a practicing CPA in Iselin with about 80 small-business clients, notes that "I am seeing increased 1099 audits," referring to the IRS form for employers to re...
An individual may be considered [by the state] to be an independent contractor for employee benefits or for income-tax filing purposes," says [Adam Saravay], "but the department may consider [an individual to be] an employee for unemployment insurance and for workers' compensation issues. It's a good idea to consult with a compensation attorney before making a determination. The order followed state payroll audits that found more than 26,000 workers had been misclassified as independent contractors in 2005, depriving state coffers of at least $5 million in gross income taxes and enabling businesses to avoid paying into the unemployment insurance and temporary disability insurance funds. An individual may be considered [by the state] to be an independent contractor for employee benefi...
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