INDEPENDENT CONTRACTOR STATUS UNDER ATTACK!!!

As you know, employment law is constantly evolving. The use of independent contractors continues to gain popularity amongst businesses in all industries. The benefits of engaging an independent contractor are many. Some businesses enjoy a unique niche and don't need the responsibility or burden of actually employing someone with a specific skill on a limited basis. Some businesses simply do not want to be burdened with additional legal and financial exposures that come with formally employing workers. Whatever the reason or motivation in using independent contractors and not employees to perform certain services, it is absolutely critical to understand and appreciate that there is a full frontal attack on the use of independent contractors. From the federal government, to state governments, to local governmental agencies, the attack is real and, unfortunately, complex.

It is important to remember that whether a person is an independent contractor or an employee depends on the unique facts and circumstances surrounding the relationship. Significantly, how the parties define the relationship is insignificant to the government and courts; what is important is how the relationship actually works.

It is becoming more difficult for businesses to create and maintain a successful independent relationship with its workers short of employee status. In fact, legislation continues to be introduced and passed attacking the practice of improperly classifying workers as independent contractors -- and one's intentions are not necessarily relevant.

With the foregoing in mind, WP&S Senior Attorneys and Shareholders Nancy Joerg and Jeffrey Risch are on the cutting edge of independent contractor laws, and are eager to share their unique insights and experiences to help your business or organization with this increasingly complex and volatile issue.

Please don't hesitate to contact Ms. Joerg or Mr. Risch at the firm's Saint Charles, Illinois offices at (630) 377-1554.