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Offering Benefits to Independent Contractors Without Creating Employees: The New State Portable Benefits Safe Harbors

New state safe harbors let clients fund contractor benefits without reclassification, but ERISA and tax traps remain. Learn to run the go/no-go analysis, draft compliant agreements, and structure accounts.

2026-09-30 13:00:00

Program Details

2026-09-30 13:00:00

2026-09-30 13:00:00

2h CLE Credits

2026-09-30 13:00:00

Program Details

2026-09-30 13:00:00

Program Details

2026-09-30 13:00:00

Over 1,000+ webinars

2026-09-30 13:00:00

Course Overview

Classification Safety Is Not Benefits Safety

2026-09-30 13:00:00

Utah, Tennessee, Alabama, and Georgia now offer statutory safe harbors for funding contractor benefits without reclassification. The DOL’s May 2025 suspension of the 2024 classification rule has reshaped the federal risk picture. Classification safety under state law, or even the FLSA, is only the first question.

The state shield stops at federal law. Structure the account wrong, and it becomes an ERISA welfare benefit plan. Cover employees and contractors together, and a MEWA forms, triggering Form M-1 filings and state insurance regulation. Contribute for a contractor, and IRC exclusions that stop at the W-2 line leave every dollar taxable.

This program delivers a jurisdiction-specific go/no-go framework and agreement language satisfying each state’s safe harbor conditions. It adds structural design principles that keep benefit accounts outside ERISA’s reach. Attendees leave with practical approaches to HSA workarounds, Form M-1 exposure, and pending federal legislation’s limits.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Federal Backdrop
How the DOL’s May 2025 rule suspension reshapes classification risk.
02
Safe Harbors
What the Utah, Tennessee, Alabama, and Georgia laws each require.
03
Go/No-Go
Sorting green-light, monitor, and no-safe-harbor states before advising clients.
04
Agreement Drafting
Contract language that elects each state’s safe harbor and preserves contractor status.
05
ERISA Exposure
When a benefit account becomes a plan and mixed coverage creates a MEWA.
06
Tax Traps
IRC exclusions stopping at the W-2 line and pending federal legislation’s limits.

Program schedule

clock 1:00 pm - 2:00 pm EST

Advising Clients on Contractor Benefit Contributions: The State-by-State Go/No-Go Analysis and the Drafting That Follows

Maps the portable benefits safe harbors in Utah, Tennessee, Alabama, and Georgia, then builds a jurisdiction-specific go/no-go framework for advising clients, structuring independent contractor agreements, and meeting each enacted state law’s statutory drafting requirements.

Matthew I. WhitehornMatthew I. Whitehorn
clock 2:10 pm - 3:10 pm EST

Keeping Contractor Benefit Accounts Outside ERISA: Plan-Status, MEWA, and Tax Traps in Portable Benefits Design

Examines the federal risks that remain once state safe harbors are satisfied: ERISA plan-status exposure, MEWA classification, and the IRC tax-exclusion gap, plus structural design principles, Form M-1 exposure, HSA workarounds, and pending federal legislation’s limits.

Matthew I. WhitehornMatthew I. Whitehorn
Matthew I. Whitehorn

Matthew I. Whitehorn

Dilworth Paxson LLP

Matthew I. Whitehorn

Matthew I. Whitehorn

Dilworth Paxson LLP

Matthew I. Whitehorn is a Partner in Dilworth Paxson’s Tax Group, Chair of the firm’s Employee Benefits Group, Chair of its Pro Bono Committee, and a member of its Executive Committee. He has concentrated his practice on ERISA matters for more than 25 years, advising employers, plan sponsors, and fiduciaries on retirement, health and welfare, and deferred compensation arrangements. He served as the 2016-2017 Chair of the IRS Advisory Committee on Tax Exempt and Government Entities (ACT).

Education & Credentials

Mr. Whitehorn earned his LL.M. in Taxation from Temple University School of Law in 1987, his J.D. from Villanova University School of Law in 1984, and a B.A./M.A. in History from Johns Hopkins University in 1981. He is admitted to practice in Pennsylvania (1984), New Jersey (1985), and the District of Columbia (1988), as well as before the U.S. Court of Appeals for the Third Circuit, the U.S. District Court for the Eastern District of Pennsylvania, and the U.S. Tax Court. He speaks Hebrew.

Recognition & Leadership

Mr. Whitehorn is ranked in Chambers USA for Pennsylvania Employee Benefits & Executive Compensation (2025 to present) and is a Fellow of the American College of Employee Benefits Counsel. He has been selected to The Best Lawyers in America for Employee Benefits (ERISA) Law since 2022 and named to the Pennsylvania Super Lawyers list for Employee Benefits from 2014-2019 and 2022 to present. He received the Legal Clinic for The Disabled Special Service Award in 2019 and the Villanova Law Alumni Association Award for Public Service in 2017.

Professional Involvement

Mr. Whitehorn serves as Co-Chair of the Philadelphia Bar Association Employee Benefits Committee and is a member of its Pension Committee. He is a member of the International Foundation of Employee Benefits Plans, the IRS Mid-Atlantic Area Pension Liaison Group, the ABA Labor and Employment Section (Employee Benefits Committee), the ABA Tax Section's Low Income Taxpayer Committee, and the Pennsylvania Bar Association's Legal Services to the Public Committee and Tax Section. He is an Adjunct Law Faculty member at Temple University Beasley School of Law, where he has taught Qualified Employee Benefit Plans and Executive Compensation through its Graduate Tax Program, and he serves as Treasurer of AccessMatters and on the Finance Committee of Philadelphia VIP, Inc.

Experience

Mr. Whitehorn advises the human resource departments of private sector companies, tax-exempt organizations, and governmental employers on retirement and health and welfare plans. His practice covers Affordable Care Act compliance, governmental and tax-exempt employer pension and 457(b) plans, employee benefits in bankruptcy, compliance reviews of qualified retirement plans, and nonqualified deferred compensation plans under Code Section 409A and Code Section 457(f). He negotiated a settlement with the U.S. Department of Labor EBSA over fiduciary breach claims, interacted with the PBGC regarding an involuntary plan termination, secured IRS and U.S. Department of Labor plan correction approvals, negotiated settlements of multiemployer plan withdrawal liability assessments, and obtained relief from IRS-assessed ACA ESRP and reporting penalties.
Matthew I. Whitehorn

Matthew I. Whitehorn

Dilworth Paxson LLP

Matthew I. Whitehorn is a Partner in Dilworth Paxson’s Tax Group, Chair of the firm’s Employee Benefits Group, Chair of its Pro Bono Committee, and a member of its Executive Committee. He has concentrated his practice on ERISA matters for more than 25 years, advising employers, plan sponsors, and fiduciaries on retirement, health and welfare, and deferred compensation arrangements. He served as the 2016-2017 Chair of the IRS Advisory Committee on Tax Exempt and Government Entities (ACT).

Education & Credentials

Mr. Whitehorn earned his LL.M. in Taxation from Temple University School of Law in 1987, his J.D. from Villanova University School of Law in 1984, and a B.A./M.A. in History from Johns Hopkins University in 1981. He is admitted to practice in Pennsylvania (1984), New Jersey (1985), and the District of Columbia (1988), as well as before the U.S. Court of Appeals for the Third Circuit, the U.S. District Court for the Eastern District of Pennsylvania, and the U.S. Tax Court. He speaks Hebrew.

Recognition & Leadership

Mr. Whitehorn is ranked in Chambers USA for Pennsylvania Employee Benefits & Executive Compensation (2025 to present) and is a Fellow of the American College of Employee Benefits Counsel. He has been selected to The Best Lawyers in America for Employee Benefits (ERISA) Law since 2022 and named to the Pennsylvania Super Lawyers list for Employee Benefits from 2014-2019 and 2022 to present. He received the Legal Clinic for The Disabled Special Service Award in 2019 and the Villanova Law Alumni Association Award for Public Service in 2017.

Professional Involvement

Mr. Whitehorn serves as Co-Chair of the Philadelphia Bar Association Employee Benefits Committee and is a member of its Pension Committee. He is a member of the International Foundation of Employee Benefits Plans, the IRS Mid-Atlantic Area Pension Liaison Group, the ABA Labor and Employment Section (Employee Benefits Committee), the ABA Tax Section's Low Income Taxpayer Committee, and the Pennsylvania Bar Association's Legal Services to the Public Committee and Tax Section. He is an Adjunct Law Faculty member at Temple University Beasley School of Law, where he has taught Qualified Employee Benefit Plans and Executive Compensation through its Graduate Tax Program, and he serves as Treasurer of AccessMatters and on the Finance Committee of Philadelphia VIP, Inc.

Experience

Mr. Whitehorn advises the human resource departments of private sector companies, tax-exempt organizations, and governmental employers on retirement and health and welfare plans. His practice covers Affordable Care Act compliance, governmental and tax-exempt employer pension and 457(b) plans, employee benefits in bankruptcy, compliance reviews of qualified retirement plans, and nonqualified deferred compensation plans under Code Section 409A and Code Section 457(f). He negotiated a settlement with the U.S. Department of Labor EBSA over fiduciary breach claims, interacted with the PBGC regarding an involuntary plan termination, secured IRS and U.S. Department of Labor plan correction approvals, negotiated settlements of multiemployer plan withdrawal liability assessments, and obtained relief from IRS-assessed ACA ESRP and reporting penalties.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs