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Archive for November, 2010

Pietrangelo Cook Wins Agency Decision Reversal in Unemployment Tax Case

Wednesday, November 17th, 2010

Pietrangelo Cook represented an interior design business that was seeking a redetermination of a decision by the Tennessee Department of Labor and Workforce Development that certain individual designers must be treated as employees rather than independent contractors.  The State’s initial determination would have required the business to pay unemployment tax for these individuals and to treat them as employees.  After briefing from counsel, the State reversed its decision in favor of the interior design business.  Partner Anthony Pietrangelo explained – “We were able to demonstrate that the individuals in question did not meet the definition of an “employee” and were instead properly classified as independent contractors.  This is a very good result for our client.  The question of whether individuals are properly classified as employees or independent contractors is one faced by nearly every business and getting it right can impact not only state and federal tax owed by a business but also a company’s exposure to tort liability.”

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