Could Your Volunteers Be Deemed Employees? Avoid Worker Misclassification
|Date / Time:
The use of nonemployees to perform services is becoming more prevalent than ever, and challenges to these relationships are growing just as rapidly.
Federal and state agencies, as well as individuals themselves, are increasingly claiming that these services were really acts of employment and that the individuals are owed a minimum wage, overtime, reimbursement of expenses, employee benefits, and more.
Organizations that use volunteers, unpaid interns, students, and trainees to provide services are all potentially at risk. Legal claims alleging that these individuals have been misclassified and are really employees can result in dire consequences, with penalties and fines that can pose an existential threat to an organization.
Taking proactive steps now to reduce misclassification risks may involve a small amount of time and resources, but these steps can prevent substantial fines and penalties later.
What Is Worker Misclassification and Why Does It Matter
What Is a Volunteer?
- What Can Happen If Your Volunteers Are Deemed Employees
- Defining Employee Status Under Various Laws
- Why the Facts Matter, Not the Titles
Unpaid Interns, Students, and Trainees
- Department of Labor Guidance on Volunteer vs. Employee
- NonStaff Volunteers
- Staff Volunteers
- How Courts Evaluate Whether a Volunteer Is an Employee
- Examples of Disputes
Tips for Preserving Volunteer StatusAbout The Presenter
- Department of Labor Guidance
- How Courts Evaluate Whether These Individuals Are Really Employees
- Examples of Disputes
- Co-founder of Baker & Hostetler LLP’s Independent Contractor Misclassification Team, which focuses on protecting and defending companies against misclassification claims under federal and state law, including in the employment, tax, and benefits areas
- Helps organizations of all sizes to evaluate and modify their practices with respect to their use of nonemployee services, drawing upon his knowledge of the complex matrix of federal and state laws that include at least a dozen different tests for evaluating whether a worker should be deemed an employee
- Wrote 2016 white paper, Independent Contractor Misclassification: 2016 Legal Analysis
- Nationally featured speaker on nonemployee worker misclassification issues, having presented at seminars around the country
- Defended organizations of all sizes against misclassification claims, in court and before administrative agencies
- Recognized in Chambers USA Guide: America’s Leading Lawyers for Business and in Super Lawyers
- Certified by the Ohio State Bar Association as a Specialist in Labor & Employment Law
- Serves on the Board of Directors for the Society for American Baseball Research (SABR)
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