Risk Management in Employment and Contract Law and Employers Rights and Risks

Contingent Employment Law Manual

8th Edition, 2008

Contents

I. Co-employment/Joint Employer Liability

     A. Co-employment liability under FLSA, WARN, NLRA and other labor laws
        B. Co-employment liability under employment, OSHA, immigration and other federal laws
        C. Digests of major co-employment liability cases updated through 2007

II. Employee Benefits: ERISA Compliance in Contingent Workforce Management

      A. ERISA compliance for temporary, contract and leased employees
        B. Health and welfare plan compliance
        C. Federal case law digests and updates through 2007

III. Employee vs. Independent Contractor: Avoiding Worker Misclassification Legal Risks

       A. Complying with IRS's Worker Status Test
        B. Avoiding Costly Legal Risks after Microsoft, Time Warner, other worker misclassification cases
         C. Significant federal case law summaries through 2007

IV. Employment Liability in Contingent Workforce Management

       A. EEOC Policies Enforcing Employment Discrimination Laws for the Contingent Workforce
       B. EEOC Policy Guidance on ADA Compliance by Temporary Staffing Agencies and their Clients
       C. Employment Discrimination and the Contingent Workforce (Analysis)
       D. Employment Discrimination and Part-Time Workers (Analysis)
       E. Case Law Updates of significant employment liability cases through 2007

V. IRS Guidance, Procedures and Analysis

        A.   IRS Employee vs. independent contractor tests
          B.   IRS Fact Sheet on Independent Contractor vs. Employee
          C.   IRS Audits and Safe Harbor Protection Requirements
          D.   Section 530 Safe-Harbor Relief: IRS Policies and Tests
          E.   Statutory Employees, Non-Employees and other Classifications of Workers
        F. IRS Classification Settlement Program (CSP) Program
        G. Employment Taxes for Household Employees – IRS Tax Topic 756
         H. NEW IRS QPET Program: Coordinatingwith states to enforce worker misclassification laws

Contingent Workforce Forms Book

4th Edition, February 2008

I. Independent Contractors

    Business Consultant Agreement
     Confidentiality Agreement
     Copyright Application
     Covenant Not to Sue
   Independent Contractor Agreement (Generic)
     Non-disclosure of Trade Secrets Agreement
      New Hire Reporting Form (States - California, Massachusetts)
      Sales Representative Agreement
    Subcontracting Agreement
    Tax Forms
            - Federal Employer Identification Number (EIN) Application (IRS SS-4)
,           - Self-Employment Tax Reporting Form - IRS 1040 Schedule SE
          - Business Profit or Loss - IRS Form 1040 Schedule C
            - Determination of Worker Status for Employment Taxes -- IRS Form SS-8             - IRS W-9 Form

II. Temporary Staffing Agencies, Employee Leasing, and Employers

     Applicant Background Questionnaire
      Consent for Drug/Alcohol Testing
      Model Employee Leasing Form
    Model Staffing Agency - Business Client Agreement
      Model Staffing Agency- Temporary Worker Agreement
      Model Staffing Agency- Permanent Worker Agreement (Letter)
      Restrictive Covenant
      Non-Disclosure Agreement
      Orientation Form
        Payroll Deduction Authorization
      Right to Know Form

III. HIPAA Personal Health Information (PHI) Privacy Forms

       Authorization for Disclosure of Health Information
        Attorney’s Request for Release of Medical Records under HIPAA
       Amendment to Group Health Plan
         Authorization to Obtain Information under HIPAA
       Confidentiality Agreement
       Confidentiality and Non-Disclosure Agreement
       Health Insurance Claim Form
       Notice of Privacy Practices
         Privacy Complaint Forms
       Summary of Material Modifications for the Amendment to Group Health Plan
       Sample Business Associate Agreement
       Sample Notice of Health Information Practices
         Sample Privacy Policy
       Sample Trading Partner Agreement

IV. Foreign Worker Temporary Visa Application Forms

   Petition for a Non-Immigrant Worker (USCIS Form I-129)
    Data Collection and Filing Fee Exemption for Non-Immigrant Worker Petition ( Form 129W)
       Labor Condition Application (LCA) for H-1B Nonimmigrants (DOL Form ETA 9035)
     Application for Alien Employment Certification (DOL Form ETA 750A & 750B)
      Request for Premium Processing Services (DOJ Form I-907)
    H-1B Nonimmigrant Information Form (ESA WH-4 (DOL)
      Non-Immigrant Visa Application Form (State Dept)
      Premium Processing Form
      Entrepreneur Visa Application Form 826
      Non-Immigrant Fiance Visa Application Form
     IRS Form 1040 NR: Income Tax Return for Certain Nonresident Aliens
    BCIS I-9 Form
     IRS 1042 Form: Foreign Worker Income from U.S. Sources

CASE LAW SUPPLEMENT (UPDATED)

8th Edition, 2008

Includes:

Full text of significant Supreme Court, Federal Appeals and Tax Court decisions on:

         - Joint and Co-employment Liability
         - Worker Misclassification (Independent Contractor vs. Employee)
       - Employment Liability
        -   Employment Tax Liability
        -   Employee Leasing
        -   Temporary Staffing Agency Liability
        -   Employment Contracts
        -   Employee Benefits and ERISA
        -   Intellectual Property/Copyright Law

Microsoft Case Settlement Agreement

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Contingent Employment Law Manual: $159.95

Contingent Employment Case Law Supplement: $169.95

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