Structuring Independent Contractor Agreements to Avoid Misclassification Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare employment counsel to structure independent contractor agreements that help minimize exposure to misclassification claims. The panel will unravel the complicated legal framework with differing and overlapping federal law definitions for independent contractors versus employees. The panelists will also discuss litigation updates and developments in state and local laws impacting the drafting of independent contractor agreements.
- Legal framework and recent legal developments
- New York City’s Freelance Isn’t Free Act
- Inherent limitations
- Key provisions to include in agreement
- Provisions to avoid
- Optional provisions
The panel will review these and other key issues:
- What are the differences in the key definitions pursuant to IRS, DOL and EEOC guidelines that must be incorporated into an independent contractor agreement?
- What provisions should employment counsel be sure to include in an independent contractor agreement?
- What provisions in agreements have been shown to contradict proving independent contractor status?
Pankit J. Doshi
Mr. Doshi's practice focuses on preventative counseling and defending employers in both state and federal cases... | Read More
Mr. Doshi's practice focuses on preventative counseling and defending employers in both state and federal cases involving trade secret misappropriation, whistleblower, restrictive covenants, wage and hour, and discrimination, among other claims. He regularly provides advice and counseling to employers on a full spectrum of labor and employment issues, including structuring restrictive covenants, advising on employment compliance strategies and preparing executive employment agreements.Close
Mr. Feudo focuses on representing and advising employers in all aspects of labor and employment law. He defends clients... | Read More
Mr. Feudo focuses on representing and advising employers in all aspects of labor and employment law. He defends clients against discrimination and harassment claims and represents clients in union, wage and hour, and contractual disputes. Mr. Feudo also counsels clients regarding personnel matters. He has advised clients in a wide range of industries, including clients in the banking, energy, retail, hospitality, food services, technology and insurance industries.Close
Jonathan A. Keselenko
Mr. Keselenko is an experienced litigator and counselor who handles all types of labor and employment matters. He... | Read More
Mr. Keselenko is an experienced litigator and counselor who handles all types of labor and employment matters. He represents employers in sophisticated noncompete and non-solicit matters, among others, and has an extensive traditional labor law practice, which includes representing employers before the NLRB. In the litigation arena, Mr. Keselenko has acted as lead counsel for employers in large class action cases, including wage and hour-related claims.Close