Evolving Strategies for Avoiding Costly Workplace Misclassifications Under the FLSA
Classifications Absent a Bright Line Yes/No Test, Enforcement Priorities, Mitigating Misclassification Litigation Risks
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will guide employment counsel on strategies for avoiding workplace misclassifications under the FLSA and applicable state laws. The panel will discuss the latest trends in improper classification of workers, the current administration's enforcement priorities, clarification of gray areas, and best practices for mitigating employment misclassification litigation risks.
- Workplace misclassifications under the FLSA and state laws
- Exempt vs. non-exempt employees
- Employees as independent contractors
- Trends, clarifications, and enforcement priorities
- Best practices for mitigating employment litigation risks
The panel will review these and other issues:
- What are the key workplace misclassification considerations under the FLSA and state laws?
- What are some effective strategies for dealing with proper employee classifications amid increased DOL scrutiny?
- What steps should employment counsel take to ensure compliance and avoid substantial DOL penalties?
Mr. Reibstein began his legal career with the U.S. Department of Labor and the National Labor Relations Board in... | Read More
Mr. Reibstein began his legal career with the U.S. Department of Labor and the National Labor Relations Board in Washington, D.C., before going into private practice. In the area of independent contractor and wage/hour compliance, he has designed programs for more than 80 companies across the country to enhance compliance with independent contractor laws at the federal and state levels, using IC Diagnostics(TM), a proprietary process developed and refined over the past 10 years. Mr. Reibstein also defends businesses across the country before administrative agencies in unemployment and other regulatory proceedings and before the courts in single plaintiff and class action employee misclassification lawsuits and claims seeking overtime, unpaid benefits, unpaid expenses and other types of misclassification claims. He has represented over 100 clients in an array of diverse industries using various business models including the gig economy. Mr. Reibstein’s most recent class action and multiple plaintiff cases have involved an independent contractor misclassification claim by on-demand couriers under California law, a claim for unpaid hours by over 4,000 New York live-in home health aides, an overtime claim in a Florida federal court seeking collective certification of 800 route sales persons located in the Southeast and Gulf Coast, a collective and class action misclassification claim involving over 1,800 local childcare consultants providing services to an au pair agency, a class action claim against a company that engages insurance adjustors to handle claims by policyholders of insurance companies, and lawsuits by multiple plaintiffs that distribute food products of a nationwide baked goods company (where the distributors agreed to arbitrate their claims after the company made a motion to compel arbitration). Mr. Reibstein has also been retained by clients on a number of occasions in the recent past as “special counsel” to assist other large law firms in successfully defending independent contractor misclassification class actions. Beginning in 2010, he has published the only legal blog with original content dedicated to independent contractor compliance and misclassification, having written more than 300 comprehensive posts, including a monthly update of judicial, administrative and legislative developments in the area. He wrote the seminal “White Paper” on how companies can minimize the risk of independent contractor misclassification, one of the most viewed legal resources for companies and lawyers seeking information about independent contractor misclassification and compliance. Since 2008, he has written over four dozen articles and has made over two dozen presentations to businesses and industry associations on the subject. Mr. Reibstein has been quoted on the subject of independent contractor law and other timely labor and employment issues by the media and legal and business press, including the Los Angeles Times, Washington Post, New York Times, New York Law Journal, Reuters, Bloomberg and Law360.Close
Michele C. Spillman
With a background in both commercial litigation and labor and employment law, Ms. Spillman offers clients comprehensive... | Read More
With a background in both commercial litigation and labor and employment law, Ms. Spillman offers clients comprehensive solutions to meet their business goals. She represents employers in a wide variety of industries and provides advice and counsel on federal and state employment laws regarding discrimination, harassment, retaliation, medical leave requests and accommodations, and wage and hour issues. Ms. Spillman also assists employers with human resources matters, including employment policies, handbooks, severance agreements, non-competition matters, and internal investigations into alleged violations of various employment laws.Close
Early Discount (through 12/16/22)
Cannot Attend January 11?
Early Discount (through 12/16/22)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.