William Hays Weissman

wweissman@littler.com
Call William
Contact Assistant
Weissman_William

William Hays Weissman focuses his practice on worker status, employment taxes and affirmative action/Office of Federal Contract Compliance Programs (OFCCP) audits. He counsels employers of all sizes, ranging from single-person start-ups looking to hire the first employee to Fortune 100 companies with sophisticated human resource, payroll and in-house legal departments. 

Having previously worked for the government and holding both an M.B.A. and Master of Laws (LL.M.) in Taxation, William understands the business and legal perspectives employers need to consider when addressing any employment problem. He leverages his diverse background and Littler's resources to provide his clients practical solutions.

William works with each client to uncover issues and understand their organization. He tailors advice accordingly and applies the law to advance business needs. His goal is to help clients navigate the shifting legal landscape in a cost effective and practical way.

William's practice encompasses:

  • Worker status: Helping clients restructure and strengthen their relationships with independent contractors, but also advising clients to convert contractors to employees when necessary. He also defends clients in disputes with state and federal agencies including the IRS, state tax agencies and departments of labor, as well as in private litigation in federal and state courts.
  • Employment tax issues: Providing advice and counsel on a wide range of employment tax issues such as the tax implications of settlements, the proper tax treatment of fringe benefits such as moving, travel and educational expenses, garnishments, the electronic payment of wages and paycards, among others.
  • Affirmative Action/OFCCP: Assisting government contractors with the preparation of affirmative action plans and defending them in audits by the OFCCP. He also counsels clients relating to OFCCP jurisdiction, alleged single employer status, and disparate impact and discrimination in hiring, promotion and compensation.

William is a frequent speaker and author on employment tax issues. His articles have appeared in numerous publications including State Tax Notes, the CPA Journal, and The New Republic. He has authored and co-authored several treatise chapters on worker status and employment tax issues, and written articles about government contracting. William has been quoted in Forbes, Bloomberg, Silicon Valley Business Journal, and Workforce Magazine, among other publications. He previously served as a member of Littler's Board of Directors.

Credentials & Recognition

Speaking Engagements

Answers to the Expat Riddle – How Do We Deal with the Employment of Non-US Expats in the US?

  • May 11, 2023
  • Littler Executive Employer Conference, Phoenix, AZ

Top-10 Predictions for the Future of Nontraditional Work Relationships

  • May 6, 2022
  • Littler Executive Employer Conference

Federal Contractor Roundtable

  • May 8, 2019
  • 2019 Littler Executive Employer Conference, Phoenix, AZ

The Employment Tax Consequences of Paying Employees

  • June 8, 2018
  • California Lawyers Association Tax Procedure & Litigation Committee, San Francisco, CA

National Association of Professional Employer Organization’s Capitol Summit

  • May 23, 2018
  • Pentagon City, VA

Employment Tax Issues in Settlements and Litigation

  • May 11, 2018
  • ABA Tax Section, Washington, D.C.

Tackling Taxing Challenges in 2018: The Telework/Mobile Work Phenomenon and Tax Reform

  • May 3, 2018
  • Littler Executive Employer, Phoenix, AZ

The Future Workplace: From Gig Workers to Virtual Workers - Part 1: Redefining Employment Relationships and Responsibilities in the Gig Economy

  • May 2, 2018
  • Littler Executive Employer, Phoenix, AZ

Who is the Employer?

  • January 20, 2017
  • American Bar Association, Orlando, FL

Controlling Unemployment Compensation Costs

  • December 13, 2016
  • National Business Institute, Emeryville, CA

Square Peg, Round Hole: Worker Status and the 21st Century Economy

  • October 29, 2016
  • National Association of State Bar Tax Sections, San Francisco, CA

Talent Management in a Freelance World: Case Studies from the Real World

  • May 5, 2016
  • The 2016 Executive Employer® Conference, Scottsdale, AZ

Comparing U.S. and Canadian Taxation of Common Damages Paid in Employer-Employee Disputes

  • April 7, 2016
  • ABA Business Law Section Meeting, Montreal, QC

Compliance 101: Everything You Need to Know about Worker Classification

  • February 25, 2016
  • Work Market Webinar

Additional Thought Leadership

Rethinking the Usefulness of the Economic Reality Test Used for Worker Classification Determinations in Light of Current Economic Reality; Part II Criticism of the Economic Reality test and the Need for Reform

  • October 1, 2012
  • Employee Benefit Plan Review

Rethinking the Usefulness of the Economic Reality Test Used for Worker Classification Determinations in Light of Current Economic Reality (Part 1)

  • September 1, 2012
  • Employee Benefit Plan Review

The MTC’s Model Mobile Workforce Statute

  • May 2, 2011
  • State Tax Notes

The Unemployment Tax Requires Real Reform, Not Just Tinkering

  • March 21, 2011
  • State Tax Notes

The FedEx Litigation and the Employment Development Department

  • February 1, 2011
  • Spidell's California Taxletter
  • Spidell Publishing, Inc.

California’s Unemployment Insurance Appeals Board Changes Regs

  • November 1, 2010
  • State Tax Notes

Incorporating Independent Contractors Is No Panacea For Misclassification

  • July 26, 2010
  • State Tax Notes

Ohio Loses First SUTA Dumping Case

  • June 28, 2010
  • State Tax Notes

California Independent Contractor Withholding

  • April 5, 2010
  • State Tax Notes

Employer’s Rights in California UI Benefit Decisions

  • February 8, 2010
  • State Tax Notes

Can the Statutory Definition of an Employee Evolve?

  • January 4, 2010
  • State Tax Notes

California Tax Reform Should Include Payroll Taxes

  • October 12, 2009
  • State Tax Notes

Federal Meddling With State Unemployment Systems

  • July 27, 2009
  • State Tax Notes

California Tax Reform Should Include An Independent Tax Court

  • April 20, 2009
  • State Tax Notes

A Proposed Massive California Unemployment Tax Increase

  • February 16, 2009
  • State Tax Notes

What Does It Mean To Be An Employee in California?

  • December 15, 2008
  • State Tax Notes

What Constitutes a Hearing Before California’s Unemployment Insurance Appeals Board?

  • October 20, 2008
  • State Tax Notes

The California Unemployment Insurance Appeals Board's Evidentiary Double Standard

  • Fall 2008
  • Messenger Courier World Magazine

Are Student Athletes School Employees?

  • April 14, 2008
  • State Tax Notes

Employment Tax Audits: Practical Tips for Accountants

  • April 2008
  • The CPA Journal
  • G.J. Stillson MacDonnell

Are the California Employment Development Department’s "Information Sheets" Invalid Underground Regulations?

  • March 24, 2008
  • State Tax Notes

San Francisco Reverses Itself on Payroll Tax on Partner Profits

  • November 12, 2007
  • State Tax Notes

Anatomy of a California Employment Development Department Notice of Assessment

  • November 5, 2007
  • State Tax Notes

The Good Cause Standard For Attempts At Discovery In California Unemployment Tax Cases

  • October 15, 2007
  • State Tax Notes

What is Integral to a Business Entity?

  • August 13, 2007
  • State Tax Notes

Air Couriers International v. Employment Development Department and the Economic Reality Test

  • May 28, 2007
  • State Tax Notes

Little-Noticed California Unemployment Tax Legislation

  • April 2, 2007
  • State Tax Notes

Are Emotional Distress Damages Income Subject to Tax? No, Says the DC Court of Appeals in Murphy v. United States

  • Winter 2007
  • Journal of Taxation of Investments
  • Civic Research Institute Inc.
  • G.J. Stillson MacDonnell

Books & Book Chapters

Chapter 4

  • Independent Contractors, Drafting Employment Documents for California Employers,
  • Continuing Education of the Bar (CEB)
  • 2011

Is the Taxpayer/Worker an Employee or an Independent Contractor for IRC Purposes?, Effectively Representing Your Client Before the IRS, Chapter 17

  • Section of Taxation - American Bar Association
  • co-author: G.J. Stillson MacDonnell
  • 2009

Federal Insurance Contribution Act

  • LexisNexis Tax Advisor
  • co-author: G.J. Stillson MacDonnell, LexisNexis

Federal Unemployment Tax Act

  • LexisNexis Tax Advisor
  • co-author: G.J. Stillson MacDonnell, LexisNexis
  • Littler on Classifying Workers: Employees v. Independent Contractors, Joint Employees & Other Contingent Workforce Issues
  • The Littler National Employer Library

Let us know how we can help you navigate your particular workplace legal issues.