Independent Contractor Misclassification: How To Identify To Prevent Legal Issues And Noncompliance Under Federal Wage And Hour Law
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In the new era of “dependent contractors” as a result of the gig economy, the line between contractor and employee is becoming more blurred. There are a few examples of recent cases in the spotlight concerning the classification of workers as contractors.
Recently, a federal court in Alaska ruled that transportation drivers who had signed contractor agreements had really entered into employment agreements.
In April 2016, Uber agreed to pay up to $100 million to drivers in California and Massachusetts who said they should have been classified as employees rather than contractors, only to see a court throw the proposed settlement out.
Now, Uber ride-share drivers in Pennsylvania have filed suit, claiming they’re entitled to compensation for time spent waiting for rides and for overtime compensation in some cases.
The exposure to liability for misclassifying employees as independent contractors can be huge, regardless of whether the mistake was intentional or not. Don’t wait for your contractors to file a lawsuit or the DOL, IRS, or a state-based agency to audit your employee classification practices.
Join us for an in-depth webinar led by seasoned employment law attorney Kara E. Shea, who will explain the difference between independent contractors and employees and how to classify them correctly to avoid costly DOL citations.
- How an independent contractor is classified generally under the DOL’s economic realities test
- The general difference between an independent contractor under the DOL test and the 20-factor test developed by the IRS
- Tell-tale signs that your contractors are really your employees
- Auditing steps to take to evaluate whether one is your employee, not a contractor
- What to do to reclassify someone with as little “collateral damage” as possible
- The types of penalties you could face for misclassifying workers
- Predictions on federal misclassification enforcement under the Trump Administration
- The legal and practical implications of the growing “dependent contractor” workforce
About Your Presenter:
Kara Shea, Esq.
Butler Snow LLP
Kara Shea is Practice Group Leader of the Labor and Employment Group at Butler Snow LLP where she concentrates her practice in the areas of employment litigation, class and collective action litigation, and employment compliance. Ms. Shea provides practical advice to public, private, and not-for-profit employers of all sizes, in all areas of employment law, including discrimination, whistleblower and non-compete matters, Family Medical Leave Act, ADA, and wage and hour compliance. She has defended employers in agency investigations and lawsuits around the country, including cases presented to the Tennessee Supreme Court and the Supreme Court of the United States. She regularly assists with workplace investigations and conducts supervisory training for clients. Ms. Shea has been recognized by The Best Lawyers in America® and Chambers USA, America’s Leading Lawyers for Business for her employment law work. She has also been listed in “Best of the Bar” by the Nashville Business Journal and in “Nashville’s Top 101 Lawyers” by Nashville Post Magazine. She serves as editor of Tennessee Employment Law Letter published by BLR/HR Hero. She is a longtime member of the Society for Human Resources Management (SHRM) and is a past Legal and Legislative Chair for both the Middle Tennessee SHRM and the Tennessee SHRM State Council. She graduated from Vanderbilt University School of Law in 1996 where she served as Associate Editor of the Vanderbilt Law Review. She graduated summa cum laude in 1991 from Boston University.
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|Licenses / Designations / Educational Credits:||PHR/SPHR Re-Certification|
All US States: 1.5
|About The Provider:
||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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|Keywords For This Course:|
DOL, Department of Labor, contractor, employee, benefits, worker classification, misclassification
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