Marcum LLP

Independent Contractor Compliance Breakfast Briefing


How to Eliminate or Minimize Misclassification Liability in the Face of Heightened Risks of Using Independent Contractors

7:30 a.m. - Registration and Breakfast
8:00 a.m - 10:00 a.m. - Panel Presentation
10:00 a.m. - 11:00 a.m. - Question & Answer Session

Boston Park Plaza Hotel
50 Park Plaza at Arlington st.
Boston, MA  02116-3912


Pepper Hamilton's Independent Contractor Compliance Practice Group and Marcum LLP  are pleased to present a Breakfast Briefing highlighting the heightened legal and legislative challenges to companies that use independent contractors, and focusing on ways businesses can continue to use independent contractors in compliance with applicable labor, tax, and employee benefit laws. 


In the face of mounting evidence that many employers throughout the nation have misclassified employees as independent contractors as a cost-saving measure, businesses that use contingent workers to complement their workforce have been targeted by the IRS and state workforce agencies, state legislatures, Congress, plaintiffs' class-action lawyers and unions.

The issue has gained much national attention with President Obama's new budget for 2010-11 authorizing an additional $25 million in federal funds for the U.S. Department of Labor and the IRS to "target misclassification." In late April 2010, both houses of Congress introduced the Employee Misclassification Prevention Act (EMPA). If passed as expected this year, EMPA would make misclassification a federal labor offense, create new recordkeeping and notice obligations for businesses, impose hefty penalties for misclassification, and authorize the filing of lawsuits by workers who believe they have been misclassified.

More recently, in mid-September 2010, both the House and Senate introduced the Fair Playing Field Act of 2010, which would eliminate the safe harbor that many businesses have relied upon to avoid federal employment tax liability where they may have misclassified employees as independent contractors. 

Pepper's Independent Contractor Compliance practice group focuses on the interrelated legal issues involving independent contractors by using an interdisciplinary approach, along with proprietary tools and techniques, to diagnose and enhance employers' compliance with independent contractor laws.

Join us as we discuss how companies using contingent workers can comply with the new legal landscape and minimize or avoid exposure to misclassification liability. We will also discuss our proprietary tools for enhancing corporate compliance with existing and anticipated legislation regarding proper classification of contingent workers.

Following the Breakfast Briefing, each presenter also will be available for a follow-up Q-and-A session for attendees.

Over 200 have previously registered for this briefing when presented at four other locations by Pepper Hamilton and Marcum; attendance is limited, so please register early to make sure you are able to attended. 


Doug Farrington, Marcum LLP
New England tax leader and Partner-In-Charge of the Firm's Boston office

Lisa B. Petkun, Pepper Hamilton LLP
Tax partner and co-head of Independent Contractor Compliance Practice

Richard J. Reibstein, Pepper Hamilton LLP
Labor partner and co-head of Independent Contractor Compliance Practice

Andrew J. Rudolph, Pepper Hamilton LLP
Employee benefits partner and co-head of Independent Contractor Compliance Practice

For more information on this topic and our special approach to independent contractor compliance, visit our Independent Contractor Compliance Practice Group page on The speakers also maintain a blog on the subject that you can access at

Contact Brian Dolan at or 215.981.4568 with any questions.


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