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Andrea Kirshenbaum Serves on Panel on Employee Misclassification and Related Tax Issues Hosted by the Philadephia Bar Association's Tax Section on Sept. 25


Andrea Kirshenbaum
On September 25, 2019, Andrea M. Kirshenbaum served on the CLE panel discussion, "The Tax and Wage and Hour Ramifications of Worker Misclassification," at 12:00 pm ET. The panel discussion was hosted by the Philadelphia Bar Association's Tax Section at 1101 Market Street, 11th Floor Conference Center, Philadelphia, PA. 

In addition to Ms. Kirshenbaum, panelists included Marissa O'Connell, Esq., Divisional Deputy City Solicitor, Tax and Revenue Unit, City of Philadelphia Law Department and Omeed Firouzi, Esq., ABA Section of Taxation, Christine A. Brunswick Public Service Fellow, Philadelphia Legal Assistance Low Income Taxpayer Clinic. 

In today's 21st Century "gig economy," the issue of worker misclassification is increasingly salient for practitioners, workers, and employers. When employers misclassify their employees as independent contractors, the consequences can be challenging for both employers and their workers. When workers receive a Form 1099 instead of a Form W-2, even though they are employees, they're on the hook for both employer and employee side of Social Security and Medicare taxes. They also lose out on crucial benefits employees may be entitled to under various federal laws. For employers, misclassification can lead to costly wage and hour class and collective actions, as well as potential auditing from the IRS where penalties can be stiff and onerous.

In this program, panelists with experience in wage and hour and tax law, addressed various aspects of misclassification. They walso highlight the federal, state, and city tax ramifications of misclassification.