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Oct 3, 201712:39 PMLaw at Work

with Jessica M. Kramer and Ashlie B. Johnson

Independent contractors: What we can learn from the Jammal v. Am Fam decision

(page 2 of 2)

That case had to do with ERISA; what if ERISA does not apply to my business? Should I care about whether someone is an independent contractor?

Yes. There are many other laws governing the independent contractor v. employee analysis, many of which almost certainly do apply to your business, with which you should be concerned. They include worker’s compensation laws, unemployment laws, and other employment laws enforced by the Wisconsin Department of Workforce Development, as well as the Internal Revenue Code, enforced by the Internal Revenue Service.

In part two of this blog series, we will go over how the Wisconsin Department of Workforce Development views the use independent contractors in Wisconsin businesses.

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About This Blog

Jessica M. Kramer is a partner at Kramer, Elkins & Watt LLC in Madison and writes about employment law. At KEW she handles employment law matters for businesses and individuals, and represents landlords in all aspects of landlord-tenant law. Jessica received her undergraduate degree from UW–Madison in 2000 and her Juris Doctor from the UW Law School in 2004.

 Ashlie B. Johnson, PHR, is the owner of Brooke Human Resource Solutions, serving the Dane County area. BrookeHR operates as an independent HR contracting resource for small businesses, providing a wide range of support as well as policy language, documentation, and employment agreements that meet today’s complex compliance standards. Ashlie received her B.S. in Human Resource Management from St. Cloud State University in 2002 and has been a certified PHR since 2007.

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