10/15/2015

Speaking Engagement

Partner Denise M. Bowman and Associate Felicity S. Hanks to present at the HR Summit of Bucks County on October 15, 2015 at Gwynedd Mercy University in Bensalem, Pa.

Employers Beware: The Risks of Misclassifying Employees as Independent Contractors

Now more than ever, the government is cracking down on employers that misclassify employees as “independent contractors” to avoid taxes, insurance, and other legal obligations. Misclassification denies employees access to critical benefits and protections, such as overtime compensation, family and medical leave, workers’ and unemployment compensation insurance, and safe workplaces.  Employee misclassification also generates substantial losses for the federal and state governments in the form of reduced tax revenue and underfunded unemployment insurance and workers’ compensation funds.  Combatting worker misclassification is a primary focus of the U.S. Department of Labor, and the Department, in conjunction with numerous states and agencies, including the IRS, has stepped up enforcement efforts in this area.  Consequently, it is essential that businesses understand the factors considered by these authorities in determining whether an individual is truly an independent contractor as the criminal, legal, and financial penalties for worker misclassification can be severe.  This presentation will discuss the relevant factors, current enforcement efforts, and how employers can reduce their risk of worker misclassification. 

About the presenters:

Denise M. Bowman is a partner in the Yardley, Pa. office of Hill Wallack LLP, and a member of its Business & Commercial and Complex Litigation groups. Ms. Bowman represents and provides general counsel and advice to many local businesses.  Her litigation practice focuses on business and commercial matters, including fraud and breach of contract actions, construction defect suits, negligence, insurance, and employment issues, real estate and shareholder disputes, and business “divorces.”  Ms. Bowman is licensed to practice law in both PA and NJ.  She also is a trained mediator.

Felicity S. Hanks is an associate in the Yardley, Pa. office of Hill Wallack LLP, where she is a member of the Employment & Labor and School Law practice groups. Ms. Hanks represents and counsels private and public entities, businesses, and individuals in a broad range of labor and employment law issues including, but not limited to: personnel matters, handbooks, policies, employment agreements, civil rights defense, title VII discrimination issues, and in related litigation before state and federal courts and administrative agencies.