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Independent Contractor v Employee? What Employers Need to Know

Janette Levey Frisch is Keynote Speaker at Ijona Skills. She is founder of The EmpLAWyerologist Firm, 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 and The EmpLAWyerologist Firm operate under this core belief: It is possible, and it is in an employer's best interest, to proactively solve workforce challenges before they b........

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Overview

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 determines 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!
Whether a worker is an independent contractor or an employee is one of the most misunderstood areas in employment law, leaving businesses very vulnerable to fines, penalties and legal fees that can be staggering--particularly to smaller businesses. Businesses that try to escape paying payroll and other taxes in connection with their workers, or providing workers' compensation coverage and other benefits do so at their peril. Since this practice results in loss of significant sums of money to both the federal and state governments, the US Department of Labor has entered into agreements with many of its state counterparts to crack down on businesses that misclassify workers.
In this webinar, you will learn how and when your workers are legally your employees, or what you must do in order to be able to properly classify them as independent contractors.

Why should you attend?

In this webinar, you will learn how and when your workers are legally your employees, or what you must do in order to be able to properly classify them as independent contractors. 


Areas Covered in the Session:

I..Intro- FLSA, Overtime, Records
II. Employee or Independent Contractor?
1. Definitions
a. Benefits
b. Risks
2. Tests
a. IRS Test
i. Right to Control
ii. Economic Realities
b. Hybrid Test
c. ABC Test (NJ and MA)
d. Common themes

Who can Benefit:

  • H.R. Managers and Directors;
  • CFO's, Controllers;
  • Managers, Senior Managers;
  • CEO's;
  • Business Owners;
  • Hiring Managers;
  • Anyone who deals with compensation issues.

Webinar Id: ISHLJL005

Duration: 90 mins

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