Independent Contractor or Employee: Classify Your Non-Profit Workers Correctly

Webinar: ID# 1014585
Recorded CD
About This Course:
Many non-profit entities classify workers as independent contractors or employees without understanding the differences between the two under federal and state laws, without appreciating that different agencies apply different definitions and standards and that, perhaps, there may be a safe harbor for their practices.

The patchwork of laws and regulations plus heightened scrutiny by regulators creates uncertainty and puts employers at risk of fines, penalties and back tax assessments by regulators and claims to back wages and benefits by employees.

This webinar will assist the persons responsible for classification to understand and logically group the federal and state criteria, and how to apply the various standards to their organizations.

This webinar also will teach the participants how to determine if a safe harbor for independent contractor classification applies and, if so, what steps should be taken to preserve the protection, as improper classification can lead to forced reclassification of groups of workers, payment of associated back income and employment taxes, fines and penalties and potential claims by employees for back wages and benefits.


The Nonprofit as Employer
  • No Special Status
  • Impact of Independent Contractor Classification
  • Risks of Independent Contractor Classification
      Federal Standards for Classification of Workers
      • FICA/FUTA – Eight Factor Test
      • IRS "Common Law" Standards
      • Affordable Care Act
      State Standards for Classification of Workers
      • ABC Test
      • Common Law Factors
      • Unemployment Insurance/Workers' Compensation
      • Consequences of State Agency Audit and Reclassification
      The IRS Section 530 Safe Harbor
      • What Is It? What Isn't It?
      • How Can You Claim It?
      • How Can You Keep It?
      • Pressure to Limit or Revoke
      Case Studies
      • Social Welfare Agency - Temporary Workers/ACA
      • College/University - Adjunct Teachers; Outsourcing
      • Industry Trade Association - IT Project
      About The Presenters

      M. Christine Carty
      • Managing partner, Schnader Harrison Segal & Lewis LLP, New York Office
      • Practice emphasizes employment litigation and counseling, including classification audits, restrictive covenant issues, discrimination and retaliation
      • Conducts regular seminars and workshops concerning employment and nonprofit issues, including Lorman Employment Issues for Nonprofits, 2012 and 2013
      • Member, American and New York Bar Associations, Bar Association of the City of New York, and Federal Bar Council
      • J.D. degree, SUNY Buffalo; B.A. degree, SUNY Stony Brook
      Independent Contractor or Employee: Classify Your Non-Profit Workers Correctly
      Available on CD format
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