Employers' Use of Independent Contractor Agreements Are Being Targeted

On September 19, 2011, the U.S.Department of Labor (DOL) announced that it has entered into a memorandum of understanding with the IRS which permits these two agencies to share information about employers' use of independent contractors. The DOL's press release is available here.

Some individual states have entered into similar arrangements with the DOL. It is becoming very clear that the issue of whether a worker is properly classified as an independent contractor is a high regulatory priority. Employers should exercise caution when classifying its workers as independent contractors. A determination that certain workers are really employees, and not independent contractors, can have very significant financial consequences for the employer. The list of factors the IRS uses to determine whether a worker should be classified as an employee or independent contractor is available here.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, John Egbert, or another member of our Labor & Employment Department .

Department of Labor Announced it Will Re-Propose its Rule on the Definition of Fiduciary

The Department of Labor announced today that it would "re-propose" its rule on the definition of a fiduciary with respect to providing investment advice to pension plan participants. The Department received 260 comments on its first proposed rule causing it to re-examine its effort to amend the existing 1975 regulation. The Department expects to issue its new proposed rule in early 2012.The announcement can be found here.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact a member of our Labor and Employment Department.

26 Jennings Strouss Attorneys Recognized in the 2012 Edition of Best Lawyers in America®

PHOENIX, Ariz. (August 31, 2011) - Jennings, Strouss & Salmon, PLC announced that 26 of the firm's attorneys have been selected for inclusion in Best Lawyers in America® 2012 published by Woodward/White, Inc. of Aiken, South Carolina.

The Jennings Strouss attorneys who were selected for inclusion in the 2012 edition of Best Lawyers in America^® are:

• Gerald W. Alston - Arbitration, International Arbitration, Commercial Litigation, Construction Litigation, International Trade and Finance Law and Mediation
• John R. Christian - Tax Law and Trusts and Estates
• Frederick M. Cummings - Medical Malpractice Law, Personal Injury Litigation and Professional Malpractice Law
• Richard K. Delo - Legal Malpractice Law and Medical Malpractice Law
• John J. Egbert - Labor and Employment Law
• Lee E. Esch - Real Estate Law
• Jay A. Fradkin - Medical Malpractice Law and Personal Injury Litigation
• Joel L. Greene - Energy Law
• Carolyn J. Johnsen - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law and Bankruptcy Litigation
• Gary G. Keltner - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law, Bankruptcy Litigation, and Real Estate Law
• Richard L. Lassen - Trust and Estates
• Stephen E. Lee - Tax Law
• Richard Lieberman - Corporate Governance Law and Mergers & Acquisitions Law
• Bruce B. May - Real Estate Law
• Michael J. O'Connor - Commercial Litigation and Personal Injury Litigation
• Russell Rea - Eminent Domain and Condemnation Law
• J. Scott Rhodes - Administrative/Regulatory Law, Ethics and Professional Responsibility Law, and Legal Malpractice Law
• Alan I. Robbins - Energy Law
• Jack N. Rudel - Corporate Law
• John G. Sestak, Jr. - Administrative/Regulatory Law, Commercial Litigation, Banking & Finance Litigation, Construction Litigation, Labor and Employment Litigation, and Real Estate Litigation
• Wayne A. Smith - Real Estate Law
• Brian N. Spector - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law and Bankruptcy Litigation
• George C. Spilsbury - Public Finance Law
• Bradley J. Stevens - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law
• Kenneth C. Sundlof, Jr. - Energy Law
• Douglas G. Zimmerman - Eminent Domain and Condemnation Law

About Best Lawyers

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on exhaustive peer-review surveys in which more than 25,000 leading attorneys cast 3.1 million votes on the legal abilities of other lawyers in their specialties.