Epstein Becker Green’s Take 5 Newsletter Cited in “Merger and Acquisitions Due Diligence and Employee Classification”

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Epstein Becker Green’s Take 5 Newsletter, “Five Key Issues Facing Employers in the Hospitality Industry,” was cited in Boost Powered by ADP, in “Merger and Acquisitions Due Diligence and Employee Classification,” by Phil Britt.

Following is an excerpt:

While it's not surprising that merger and acquisitions due diligence needs to go deep to uncover financial matters clearly stated in the books and to properly account for hard-to-value items such as goodwill, inventory and existing contracts, they also need the input of HR in order to properly classify any workers that will be performing duties for the successor business. …

According to law firm Epstein Becker Green, organizations should use strong contractual language about what liabilities — including worker liabilities — the successor organization will accept as part of the transaction. The language should include ways to recover any previously unknown liabilities uncovered in an M&A audit, including a lower purchase price or the ability to walk away from the transaction.