Message-ID: <23769784.1075860480850.JavaMail.evans@thyme> Date: Mon, 14 Feb 2000 02:47:00 -0800 (PST) From: michelle.cash@enron.com To: kriste.sullivan@enron.com Subject: Agreements with non-employee contractors Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Michelle Cash X-To: Kriste Sullivan X-cc: X-bcc: X-Folder: \Michelle_Cash_Dec2000\Notes Folders\All documents X-Origin: Cash-M X-FileName: mcash.nsf FYI. Michelle ---------------------- Forwarded by Michelle Cash/HOU/ECT on 02/14/2000 10:47 AM --------------------------- FMackin@aol.com on 01/24/2000 12:16:23 PM To: Michelle Cash/HOU/ECT@ECT cc: Subject: Agreements with non-employee contractors Michelle, While I think that "Enron" discourages entering into agreements for services directly with non-employee contractors, there are times when a business decision is made to do so on a very limited basis. Aside from other legal issues, one single issue that has received a lot of attention in recent years is the issue addressed by the Microsoft case involving the question under what circumstances are individuals designated as independent contractors entitled to employee benefits provided by an employer to its employees. While we have amended the various employee benefit plans to address this issue, another place where it can be effectively addressed is in the contract for services. Recently, I was involved with a project to develop provisions to be included in such a service agreement with non-employee contractors who will not be entitled to employee benefits. I thought you might have an interest in this, so I have attached the contract provisions that were developed for this circumstance along with an analysis. I wonder if there are other attorneys who design and draft such agreements who would be interested in receiving this information? Regards, Pat - Benefit Waiver 1.doc