Monday, February 25th, 2008...3:00 pm

Obama and Employment Law

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Sen. Obama introduced S. 2044, the Independent Contractor Proper Classification Act of 2007, in September of 2007.  Co-sponsors are Boxer, Clinton, Durbin, Kennedy, Mikulski, and Murray. 

S. 2044 would

       *  eliminate the statutory ban on IRS issuing regulations or revenue rulings on employee/independent contractor status;

       *  eliminate the employer defense of reliance on industry practice;

       *  set up a procedure within the Treasury Department for “any individual who performs services for a taxpayer” to petition to determine employee/independent contractor status; and

       *  prohibit retaliation against petitioning individuals.

The bill is in Senate Finance.

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