A well-known special events company based in Scottsdale has successfully defended its use of Independent Contractors (1099s) to staff its events since its founding in 1988. Following an audit by the Arizona Department of Economic Security (DES) - ESA Tax Unit, the State claimed that the company’s workers should have been classified as W-2 employees and sought back taxes, fines, and penalties spanning several years.
The company hired Lindsay to appeal the findings of the State’s audit and represent the company in an evidentiary hearing before the AzDES Appeals Board. Lindsay argued against the State's position, with the Arizona Attorney General's Office representing the state.
The Appeals Board's decision, which favored the company, was a significant victory, ensuring the company's existing structure and continued viability. The long-time owners of the company felt validated by the ruling and were thrilled with Linday’s representation.
Lindsay Leavitt represents and advises companies of all sizes in employment and business litigation matters. From mom-and-pop shops to publicly-traded corporations, Lindsay’s clients value his aggressive, yet practical approach to resolving their legal disputes. He advises on commercial, real estate, and employee disputes, as well as ADA accessibility lawsuits for the hotel industry.