A Deep Dive: Who is an Employee?

American Bar Association Joint Committee on Employee Benefits [JCEB]

Whether workers are covered under employee benefit plans has been an issue since ERISA was enacted. As the workforce has changed, there has been recent litigation in cases such as Jammal, Dynamex and Uber over classification of workers as employees or independent contractors in plans.

We will not only discuss this litigation, but give tips as to best practices to attempt to avoid such litigation and discuss various choices when designing a plan. Finally, a representative of the IRS Office of Chief Counsel will discuss the definition of employee for purposes of employment taxes, and how this definition relates to plan qualification.

Moderator: Mary Ellen Signorille, AARP Foundation Litigation

Panelists:

• Jodi H. Epstein, Ivins, Phillips & Barker, Chtd.
• Syd Gernstein, Branch Chief, IRS of Chief Counsel
• Clarissa A. Kang, Trucker Huss, APC
• Darin Ranahan, Feinberg, Jackson, Worthman & Wasow, LLP

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