Park Avenue Presentations

Independent Contractors vs. Employees…How to Tell Them Apart

Duration: 90 minutes

Speaker: Deirdre Kamber Todd

Webinar Description

In today's business environment, where good help is hard to find, turning to independent contractors is a tempting option.  As opposed to employees, who need to be paid at certain rates, for time off, and with taxes included, independent contractor require no such investments.  Both federal and state governments have stringent rules about who can be hired as an independent contractor.  Unlike employees, misclassification of an independent contractor is governed by numerous federal and state laws, and can result in public prosecution by the IRS, the U.S. Department of Labor, and state agencies, while, at the same time, making you subject to devastating private lawsuits.  Being found liable for misclassification can, and does, put whole companies in the ground. 


Luckily, the rules are fairly clear.  So join attorney Deirdre Kamber Todd as she discusses all of the rules defining who is, and is not, an independent contractor as well as the standards that protect employers when the IRS or DOL come knocking.  This program will examine the very latest laws and cases from the IRS, the U.S. Department of Labor, the U.S. Supreme Court, and other sources.  We also will give you a toolbox of tips to ensure that your independent contractors are engaged the right way with the papers necessary to defend your hire.   If you use independent contractors, you cannot miss this program.



  1. What is an independent contractor?
  2. How do independent contractors differ from employees?
  3. The IRS test to determine independent contractor status
  4. The U.S. Department of Labor’s test
  5. The U.S. Supreme Court's test
  6. Classification under state law
  7. Hot topics;
    • non-competes
    • negligent hiring
    • settling misclassification lawsuits and regulatory actions
    • Discussion of recent cases, including controversies involving Uber and Lyft.



Continuing HRCI Credit Information

This program has been pre-approved for 1.5 hours of General recertification credit hours through the HR Certification Institute. Use of the seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.


Continuing SHRM Credit

SHRM Recertification Provider
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



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.