SKIP TO CONTENT
Expert operational, tax and legal structuring, defense and sanitization of the relationship and compensation plans for sales representatives, installers, measure techs, canvassers, telemarketers.
BLLP’s Labor/Employment/HR expertise rests primarily in regard to matters arising with in-home and in-store sales representatives, W2 and 1099-based installers, measure technicians, subcontractors, canvassers, telemarketers, call center staff and administrative and managerial employees. We are experts in all facets of the structuring and defense of these unique industry relationships, legally and operationally, under federal and state law in all U.S. jurisdictions and Canada.
More specifically, worker disputes in these positions are almost always based on (i) wage/commission claims, (ii) attacks on 1099-based classifications, (iii) restrictive covenant issues (non-compete, non-solicitation and confidentiality), (iv) workplace harassment and discrimination, and (v) wrongful termination.
There are extreme regional and state nuances in these areas, that are as much state law-based as they are a function of the socio-economic workforce. For example, California and Illinois have the distinction of a heavy weighting in unreimbursed sales representative expense claims, improper workplace surveillance charges and benefit claims. Maryland and New Jersey see a strong weighting in wrongful termination and workplace discrimination. In certain states, such as Massachusetts, the Office of the Attorney General is active in pursuing 1099-based labor reclassifications.
We are engaged on a regular basis throughout the United States in defending management and employers from attacks on these matters, attacks generally arising from state wage and hour agencies, the Internal Revenue Service, the Department of Labor and the 1-800-sue-you plaintiff’s bar.
Our work in this particular field is second-to-none due to our experience and expertise within our industry. Recently, in successfully defending an Internal Revenue Service reclassification attack against a national manufacturer and their network of sales representatives, the Service actually issued BLLP a congratulatory letter after closing the audit, lauding the presentation we created to educate the IRS field agents on the legal issues involved.
