employee-or-independent-contractor-what-to-do-in-the-wake-of-the-recent-rule-change

Employee or Independent Contractor? What to Do in the Wake of the Recent Rule Change

Live Webinar

  • 90 minutes
  • 0 Day Left
     Oct 25, 2022
  •   01:00 PM - 02:30 PM ET
    10:00 AM - 11:30 AM PT

This webinar will provide valuable and practical insight on how to correctly classify freelancers, consultants, temps, and other contract workers—and how to tell whether the worker in question is really an employee. In this webinar, you will learn how and when your workers are legally your employees, or what to be able to classify them as independent contractors correctly. This topic is particularly timely in light of the Biden Administration’s withdrawal of the rule promulgated by the Trump Administration.


Session Highlights:


Intro- FLSA, Overtime, RecordsEmployee or Independent Contractor?
1. Definitions
    a. Benefits
    b. Risks
2. Tests
    a. IRS Test
        i. Right to Control
        ii. Economic Realities
    b. DOL Test
    c. NLRB
    d. Some State laws (including the “ABC” Test).
    e. Trump Administration Rule and Biden Administration Rescission
And more!


Why you should attend:

Many employers believe that if their employees agree to certain pay arrangements, or agree to be classified as independent contractors, then there is no violation of the law. This is not the case. Employees cannot agree to waive their rights under the Fair Labor Standards Act. For example, offering your employees time off or additional benefits in place of overtime pay is still an FLSA violation—even if your employees sign a written contract to that effect. The FLSA and only the FLSA determine the employer’s FLSA obligations. In fact, even when an employee willingly goes along with, or even requests, an illegal pay arrangement s/he can still sue the employer for FLSA violations and recover any back pay he is owed under the law, in addition to keeping the extra pay and benefits he already pocketed under the illegal compensation system, and additional amounts in liquidated damages. If that’s not enough you may also be on the hook for your employee’s legal fees!


Who should attend:

  • Business Owners

  • CEO’s

  • CFO’s

  • Controllers

  • H.R. Managers and Directors

  • Managers, Senior Managers

  • Hiring Managers

  • Anyone who deals with compensation issues

  • Compensation Officers

  • Benefits Administrators

  • HR Generalists


Janette S.  Levey

Janette S. Levey

Janette S. Levey has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. 

 Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems before they result in lawsuits or steep fines caused by government audits.

 Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs.

 Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. 

Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. 

 Janette has served on the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence. Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, and Pre-Employment Screening among many, among many others.  

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