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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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