How to Correctly Classify Your Employees and Independent Contractors: Latest Legal Update
Duration: 90 minutes
Speaker: Dr. Jim Castagnera, Esq.
Webinar Description
On October 11, 2022, the Department of Labor (DOL) announced a proposed rule that would reinstate the “economic reality” test for determining whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA). The DOL’s regulatory agenda lists May 2023 as the date when permanent rules will be released.
In the teeth of the so-called “Great Resignation”, labor shortages led employers across the country to rely more heavily on independent contractors. The COVID-19 pandemic changed the way we shop and travel, and even the way we eat. Uber, Lyft, Grubhub, Doordash and a host of competitors strive to maintain the independent-contractor status of their drivers and delivery personnel, while labor unions aim to organize these same gig workers.
Meanwhile, the Biden Department of Labor and National Labor Relations Board are set on establishing the “employee” status of as many working Americans as they are able.
Independent-contractor rules are in flux at the state level, as well. For example:
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In California --- with arguably the most strident test --- Proposition 22 was passed on November 3, 2020, exempting Uber and Lyft from treating their drivers as employees from that so-called “ABC” Test
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Across the country, in New England the “Massachusetts Is Not for Sale” coalition is battling the big internet-based service providers like Uber, over a Prop 22 clone. Who wins will help set the agenda in many another state for both sides of the battle.
You need to understand the detailed and evolving rules and revisit how your workers are classified.
AGENDA
- What are the primary tests of independent-contractor status?
- What do the most recent court decisions reveal about the future?
- What do the Biden DOL rule changes mean for employers?
- Where is the NLRB in all this?
- How can you justify independent contractor status, if challenged?
- What do gig economy workers want?
- What is organized labor doing to represent independent contractors, and will a union be knocking on your door?·
- What are the penalties and other liabilities for misclassification?
CONTINUING EDUCATION
Continuing HRCI Credit Information
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Continuing SHRM Credit
Park Avenue Presentations is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.
Logistics
- 90-minute webinar (Travel-Free) delivered over the Internet.
- Unlimited listeners per connection - bring the entire department.
- Q&A session with the expert.
This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.
What is a webinar?
A webinar is a live Internet based seminar. Webinars are a way for participants in many different locations to see and hear a presentation and view PowerPoint slides. You can also have your colleagues attend the webinar using one connection.
What kind of equipment do I need?
You will need a computer with an Internet connection (high speed service such as DSL or cable works best) and a telephone. You may listen to the webinar through your computer speakers, in which case you will not need to use a telephone connection. Internet access is not required for phone-only participants, but you will not be able to see the speaker’s slides.
How can I share the webinar with my colleagues who may not be able to attend the event?
CDs of each program will be available for sale and can be shared with your business associates.
Can I get a copy of the PowerPoint slides used in the webinar?
The PowerPoint slides will be available on the materials page link in the confirmation email that will be sent to you no later than the morning of the day a webinar is presented.
How do I ask a question during the webinar? Will my question be answered during the presentation?
A question and answer session will be scheduled at the end of each webinar. You can then ask a question by typing it into the question box that will be provided to you duringthe webinar. You may also ask a question through the telephone connection. As many questions as possible will be answered during the Question and Answer period.