Employee or Independent Contractor? Navigating Compliance Guidance, the Latest Cases & Employee Misclassification “Gotchas”

webinar Employee or Independent Contractor? Navigating Compliance Guidance, the Latest Cases & Employee Misclassification “Gotchas”

You Will Learn:

  • The most common classification pitfalls and problems
  • Key language to include in written independent contractor agreements to protect your organization
  • Policies to put in place to protect yourself in the event of an audit or investigation
  • What to do if you find a classification error
Watch the pre-recorded web conference
$269.00
 

Employee or independent contractor?

Organizations that supplement their workforce with independent contractors are at risk for misclassification.

In fact, the IRS estimates that 80% of workers classified as "independent contractors" are actually employees.

In 2016 misclassification cases dominated the news:

  1. FedEx settled for $468 million for misclassifying ground division drivers
  2. Uber faces a $100MM settlement and remains a moving target
  3. GrubHub, faces a nationwide lawsuit for IC misclassification
  4. Pacer Cartage Inc., to pay a proposed $4.25MM

Are your contractor relationships properly structured, documented and implemented consistently with both federal and state laws? Could your books withstand an audit?

Learning Objectives

During this information-packed webinar you will learn how to limit your exposure to wage and hour lawsuits for misclassification of employees and contractors.  You’ll also learn: 

  • How recent cases demonstrate what’s at stake for employers
  • Latest info on enforcement
  • The different classification standards that apply for employment law purposes and for tax purposes
  • How government agencies and courts distinguish between employees and independent contractors
  • The consequences of misclassification
  • The most common classification pitfalls and problems
  • Dos and dont’s for working with independent contractors
  • Key language to include in written independent contractor agreements to protect your organization
  • Policies to put in place to protect yourself in the event of an audit, employee litigation, or an investigation
  • What to do if you find a classification error

Product ID: 13891

Bonus Material

Plus, you get the exclusive guide – “Employee or Independent Contractor “ – a $247 value – absolutely FREE!

Jam-packed with compliance guidelines, this 49 page guide explores:

  • Authority and Weight of the DOL’s Administrator’s Interpretation
  • Misclassification of Employees
  • Economic Realities Test
  • Application of the Factors
  • Classification of Independent Contractors; Economic Dependence
  • Work Integral Part of the Employer’s Business
  • Worker’s Managerial Skill & Opportunity for Profit and Loss
  • Worker’s Relative Investment
  • Work Performed Require Special Skill and Initiative
  • Permanent or Indefinite Relationship
  • Employer Control
  • Summary of the Economic Realities Test

Get the Latest Compliance Guidance on How to Avoid Misclassification Errors!

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Faculty

James R. Malone, Jr
James R. Malone, Jr
Principal, Post & Schell, P.C.

James R. Malone, Jr.  is a Principal in the Firm's Tax Controversy Practice, representing clients in disputes with federal, state and local tax authorities in both administrative proceedings and in court. His clients include businesses, non-profits, individual taxpayers, accountants, and tax preparers.

In federal tax matters, Mr. Malone represents clients before the Internal Revenue Service and in the U.S. Tax Court, the U.S. Court of Federal Claims, or U.S. District Courts. For state and local tax matters, Mr. Malone represents clients before the Department of Revenue, before local administrative agencies and in the Pennsylvania courts. Mr. Malone focuses on securing the best possible outcome for clients, either through settlement or litigation.

Andrea M. Kirshenbaum
Andrea M. Kirshenbaum
Principal, Post & Schell, P.C.

Andrea M. Kirshenbaum is the Chair of the Firm's Wage and Hour Practice Group, a Principal in its Employment & Employee Relations Practice Group, and a member of the Firm's Appellate Department. She defends employers nationally in federal and state court litigation involving all major employment statutes, represents them in related government investigations, and counsels them proactively on compliance with these statutes.

Ms. Kirshenbaum focuses a significant portion of her practice on wage and hour related compliance and litigation under the Fair Labor Standards Act (FLSA) and applicable state laws governing wages and pay practices.

Continuing Education Units

  • hrci

    HRCI – Receive 1.25 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

    “The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.”

  • shrm

    C4CM is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

Get the Latest Compliance Guidance on How to Avoid Misclassification Errors!

Get it on demand now

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