Buyer Beware! Potential Risks With Employee Health Plans, EOR Services, and Online Platforms

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Recorded On: 05/19/2023

Staffing agencies use a wide range of products, services, and business strategies. Most are sound and provide value. Some, however, may pose legal risks to staffing agencies, their employees, and clients. In this session, you’ll learn what issues to look for and questions to ask before using employer-of-record services—or buying employee benefit plans that promise big employer tax savings. You’ll also learn how to deal with online staffing platforms that may be misclassifying employees as independent contractors.


Alden J. Bianchi, Esq.

Counsel

McDermott Will & Emery

Bianchi is an experienced employee benefits and executive compensation lawyer based in the Boston office of McDermott Will & Emery LLP.  He regularly advises corporate, not-for-profit, governmental, and individual clients on a broad range of executive compensation and employee benefits matters, including qualified and nonqualified retirement plans and health and welfare plans. Bianchi has been recognized as a leading employee benefits and executive compensation attorney nationwide by organizations including Best Lawyers in America, Chambers USA, and Legal 500.

Ed Lenz, Esq.

Senior Counsel

American Staffing Association

Lenz is senior counsel for the American Staffing Association and one of the nation’s leading authorities on the legal and policy aspects of staffing. He joined ASA in 1989 as the association’s first general counsel and later, as senior vice president for legal and public affairs, was the industry’s chief legal and legislative strategist. Since passage of the Affordable Care Act, Lenz has led the industry’s advocacy efforts before Congress and the administration regarding how the ACA uniquely affects staffing firms. Before joining ASA, he was vice president and assistant general counsel for regulatory affairs with Kelly Services and chairman of the ASA legislative committee. In addition to his ongoing leadership role with ASA, Lenz also serves as senior adviser for employment, labor, and benefits to the law firm Mintz Levin Cohn Ferris Glovsky and Popeo PC.

David Fuller, Esq.

Counsel

McDermott Will & Emery

Fuller focuses his practice on matters that include employee fringe benefits, independent contractor/employee classification, payroll taxes, information reporting, supplemental unemployment compensation benefits, and the contingent workforce (outsourcing, PEOs, and employee leasing). His unique practice includes tax litigation on a wide range of significant FICA and tax refund matters. A former manager of the U.S. Internal Revenue Service employment tax/fringe benefits branch, Fuller also has extensive experience in employment tax, employee-independent contractor, and fringe benefits planning strategies, as well as handling tax controversy matters with IRS Exam and IRS Appeals. Fuller was named to the 2023 list of Best Lawyers in America, Employee Benefits (ERISA) Law.

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