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Non-Employee Classifications

by Burke Costanza & Carberry LLP | Dec 23, 2013 | Labor and Employment

About once a year, I feel compelled to address a common problem in employment matters – “non-employee” misclassification. This occurs for a couple of reasons. First, I spend a lot of time every year speaking with clients regarding classification issues. Second,...

ACA Impact on HRAs

by Burke Costanza & Carberry LLP | Dec 11, 2013 | Labor and Employment

Any employer who has Health Reimbursement Arrangements (HRAs) needs to take time to review its employee benefit plans to ensure the plans satisfy current requirements under the Affordable Care Act (ACA). HRAs Generally:HRAs are generally subject to the Employee...

Independent Contractors

by Burke Costanza & Carberry LLP | Oct 3, 2012 | Labor and Employment

Many cases are filed that involve reasonable interpretations of the law on both sides.  But on occasion, a case comes along that appears to have limited room for argument.  A recent case involving independent contractor misclassification appears to fit in that...

Amnesty Program for Independent Contractor Misclassification

by Burke Costanza & Carberry LLP | Sep 23, 2011 | Labor and Employment

One of the hottest topics in Labor & Employment (“L&E”) law is independent contractor (“IC”) misclassification.  This issue receives so much attention because of the cumulative impact of employee wage loss, tax revenue loss, and the impact of back wage and tax...

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