Classifying Independent Contractors and Employees: What You Need to Know Now to Stay in Compliance

WHY ATTEND

In case you missed it, here are the basics:

DOL’s Wage & Hour Division issued an Administrator’s Interpretation informing employers that the DOL now considers independent contractor status the exception rather than the rule. Employers must use an “Economic Reality” test to determine if a worker is an employee or an independent contractor.
If an independent contractor is largely dependent on your company for their livelihood, they are likely an employee under the new guidelines.

There are tax issues to consider as well. The IRS is aggressively pursuing uncollected withholding and estimated taxes from employers who misclassified workers. And on top of that, many state agencies are doing the same to collect state taxes or workers’ compensation insurance.

What does this all mean for your organization? And what further changes could be ahead?

LEARNING OBJECTIVES

This webinar, featuring employment law attorney Anniken Davenport, will cover what you must do to comply with current DOL guidance and prepare for any future changes

The session will give you guidance on how to properly:

• Review all independent contractor agreements in light of the new DOL guidelines
• Apply the “Economic Realities” test to every one of your 1099 workers
• Examine lease agreements with independent contractors
• Convert misclassified independent contractors to employees in a way that doesn’t trigger a lawsuit, IRS and DOL scrutiny or other unwanted attention
• Adjust your relationship with independent contractors who cannot be converted to full employees

ABOUT THE SPEAKER

Anniken Davenport holds an MA in writing from Johns Hopkins, a JD from Penn State and a license to practice law in Pennsylvania. She has over 30 years’ experience as a litigator, educator and negotiator. Her career includes private and government labor and employment law practice, including advising and representing governmental units in labor negotiations and contract formation. She has worked for the Pennsylvania Lottery, the Pennsylvania Department of State and the Pennsylvania Department of Labor as an attorney and the Pennsylvania School Board Association as a labor negotiator and trainer.

She has defended various government departments in discrimination, workers’ compensation and unemployment compensation cases. In addition, she has authored textbooks for undergraduate students, taught employment and labor law at Penn State University, Wilson College and the Harrisburg Area Community College, and written and edited newsletters and books on a wide variety of employment and labor topics.

Certification

This program has been approved for 1.0 recertification credit hour(s) through the HR Certification Institute (HRCI) & Society for Human Resource Management (SHRM).