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Employer's Guide to Independent Contractors Book

Employer's Guide to Independent Contractors
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Digital Copy
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  • Employer's Guide to Independent Contractors
  • Written by author Timothy Stalnaker
  • Published by Bna Books, 1993/12/01
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Introduction: Our Changing Economy and the Growing Use of Independent Contractors 1
Ch. 1 Basic Principles: The Common Law Right-to-Control Test and Its Application 11
Ch. 2 The Internal Revenue Code 16
Ch. 3 The Classification Issue Under the Social Security and Medicare Laws 32
Ch. 4 The Classification Issue Under the Federal Unemployment Tax Act and State Unemployment Compensation Statutes 35
Ch. 5 The Classification Issue Under the Employee Retirement Income Security Act (ERISA) 37
Ch. 6 The Fair Labor Standards Act 40
Ch. 7 The Classification Issue Under the National Labor Relations Act 46
Ch. 8 The Classification Issue Under Federal and State Civil Rights Laws 50
Ch. 9 The Classification Issue Under Workers Compensation Laws and Federal Worker Safety Laws 55
Ch. 10 The Classification Issue Under the Immigration Reform and Control Act of 1986 61
Ch. 11 Using the Common Law Tests and the Twenty Factors to Structure the Working Relationship 65
Ch. 12 Preparing Effective Independent Contractor Agreements 74
Ch. 13 How to Reduce the Likelihood of an IRS Audit 87
Ch. 14 Where Possible, Be a Payee, Not a Payor 90
Ch. 15 Leased Employees as Alternatives to Independent Contractors 92
Ch. 16 Using Independent Contractors to Avoid Liability for Worker Negligence 101
Ch. 17 Labor Law Issues 109
Ch. 18 Independent Contractors and the Civil Rights Laws 140
Ch. 19 Independent Contractors and Fringe Benefit Costs 143
Ch. 20 Patent, Trade Secret, and Copyright Considerations 148
Ch. 21 Franchising as an Alternative to Using Independent Contractors 158
Ch. 22 Global Subcontracting 164
Ch. 23 Government Contractors and Independent Contractors 166
Ch. 24 A Summary of the Pros and Cons of Using Independent Contractors 168
Ch. 25 Current Legislative Developments and a Prognosis for the Future 171
Appendix 1 IRS Revenue Ruling 87-41 175
Appendix 2 Illustrative Agreements 189
Appendix 3 IRS Form SS-8 199
Table of Cases 205
Acts and Legislation 209
Miscellaneous References 211
Index 213


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