May Meeting of the ABA was held in Washington, DC May 11 - 13, 2000. The following is a summary of one of the sessions. The first issue presented was misclassifing workers as independent contractors.
Some state law gives rights to enforce nonqualified benefits.
The Court found the plan covered common-law employees and remanded for the Plan Administrator to interpret the plan. The case was remanded to determine the extent of the damages due plaintiffs for being denied participation in these two plans. But, if the options are not granted to ALL employees, then all the options fail. The next topic addressed the employment-tax implications of contingent workers. There is a general risk to a company of mischaracterizing employees.