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Drafting Independent Contactor Agreements (Teleseminar)
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Drafting Independent Contactor Agreements (Teleseminar)

1 CLE hour

When: 02/24/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781

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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

Drafting Independent Contactor Agreements - 1 CLE hour

Although independent contractor agreements superficially resemble employment agreements, their principal purpose is to avoid having a contractor characterized as an employee.  Preserving a worker’s independent contractor status, while still defining all the essential terms of the arrangement, is essential to reducing or eliminating employer liability for certain tax withholding obligations and employment taxes, liability for certain benefits, and certain tort liability.  On the other hand, defining the key terms of employment – scope of duties, forms of compensation, reporting, exclusivity and preserving employer secrets – is essential to getting maximum value out of the relationship for parties.  It is a delicate balance. This program will provide you with a framework for drafting independent contractor agreements to preserve independent contractor status while also defining key terms of employment.  

Drafting effective independent contractor agreements
Preserving independent contractor status to reduce or eliminate tax, benefit and tort liability
Scope of services provided, changes over time, and the risk of “control” triggering employee status
Term of service, renewal and extensions, and terminations with liability
Forms of compensation – salaries, commissions, benefits
Exclusivity v. non-exclusivity and relationship to non-competition provisions
Confidentiality and non-disclosure provisions, and enhancing enforceability post-termination
Drafting Indemnification provisions in independent contractor agreements


Raymond W. Bertrand
is a partner in the San Diego office of Paul, Hastings LLP, where he represents employers in a wide range of employment matters.  His litigation practice includes wage and hour, discrimination, harassment, retaliation, leaves of absence, contract disputes, wrongful discharge, whistleblower, trade secrets and other types of employment-related matters. In the wage and hour context, he also represents clients before the U.S. Department of Labor and state regulators. He also authors the wage and hour section of Matthew Bender’s “California Labor & Employment Bulletin” and has authored various articles on wage and hour matters.  Mr. Bertrand received his B.A. from State University of New York Binghamton and his J.D. from Albany Law School.

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