Employee or Independent Contractor? Worker Misclassification Under Heightened Scrutiny

Avoiding Liability and Penalties Amid Aggressive DOL and IRS Enforcement

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, December 13, 2012

Recorded event now available

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Program Materials

This CLE webinar will update employment counsel on current Department of Labor and IRS enforcement efforts focused on misclassification of workers as independent contractors. The panel will outline best practices for employers' counsel to avoid or mitigate liability and penalties for misclassification.

Description

The DOL and IRS continue to aggressively pursue and correct employer misclassification of independent contractors. Misclassifying workers may expose businesses to penalties and liability for back taxes, overtime pay, workers' compensation and even retirement benefits.

To minimize exposure, counsel should advise employers utilizing independent contractors to reexamine and where necessary adjust worker classification practices to ensure compliance with federal and state laws.

Practitioners should also guide employers currently using independent contractors to draft their contracts in a manner that will help shield the businesses from future liability.

Listen as our authoritative panel of employment law attorneys describes potential areas of liability exposure for employers utilizing independent contractors and explains strategies to avoid or minimize liability and penalties.

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Outline

  1. Determining proper classification
    1. IRS legal test
    2. DOL legal test
    3. Other legal tests
  2. Potential areas of liability exposure
  3. Best practices to limit liability
    1. Self-audit of independent contractor practices
    2. Review and update independent contractor agreements

Benefits

The panel will review these and other key questions:

  • What are the potential penalties and other risks facing employers for wrongful classification of workers?
  • How can a well-drafted independent contractor agreement protect employers from future liability?
  • What are the best practices for employers to minimize penalties and liability if they treat workers as independent contractors in error?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Michelle W. Johnson
Michelle W. Johnson

Partner
Nelson Mullins Riley & Scarborough

She represents management in lawsuits and administrative proceedings arising out of all aspects of the employment...  |  Read More

Daniel M. Shea
Daniel M. Shea

Partner
Nelson Mullins Riley & Scarborough

He has a national practice and represents management before state and federal courts and government agencies. His FLSA...  |  Read More

Steven L. (Steve) Gillman
Steven L. (Steve) Gillman

Partner
Holland & Knight

His practice emphasizes employment litigation, including claims of discrimination, wrongful discharge, breach of...  |  Read More

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