UPDATE: What HR Must Know NOW about Classifying Independent Contractors and Employees

Duration 90 min 

You may have heard that there are major shock waves currently running through the Department of Labor (DOL). According to new DOL guidance, MANY of the workers you currently pay via 1099 are now considered employees.

Here are the basics:
  • Recently the DOL’s Wage & Hour Division issued an Administrator’s Interpretation informing employers that the DOL now considers independent contractor status the exception rather than the rule.
  • Employers must now use an “Economic Reality” test to determine if a worker is an employee or an independent contractor. 
  • If an independent contractor is largely dependent on your company for their livelihood, they are probably an employee under the new guidelines.
  • But it’s not just the DOL you need to worry about. The IRS has gotten involved too, going after uncollected withholding and estimated taxes from workers it considers employees.
Not to be left out, state agencies are targeting employers who misclassify workers as independent contractors and don’t provide withholding for state taxes or workers’ compensation insurance.
What does this all mean for your organization? It means you must take action NOW to avoid lawsuits and massive penalties from the DOL, IRS and state agencies. 

    LEARNING OBJECTIVES

    This webinar, featuring employment law expert Anniken Davenport, will cover what you must do immediately to protect your company:

    • Review all independent contractor agreements in light of the new DOL guidelines
    • Apply the “Economic Realities” test to every one of your 1099 workers
    • Examine lease agreements with independent contractors
    • Convert misclassified independent contractors to employees in a way that doesn’t trigger a lawsuit, IRS and DOL scrutiny or other unwanted attention
    • Adjust your relationship with independent contractors who cannot be converted to full employees

    ABOUT THE SPEAKER

    Anniken Davenport has taught business law and HR management at Penn State University and directed the Legal Studies Program at Wilson College. She has represented the Commonwealth of Pennsylvania in discrimination and employment law cases and school districts in labor negotiations. Anniken holds an MA in writing from Johns Hopkins and a JD from Penn State.

    Certification

    This program has been approved for 1.5 recertification credit hour through the HR Certification Institute (HRCI) & Society for Human Resource Management (SHRM).

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    Live Recording

    Live Only

    Participation in the live upcoming webinar

    Recording

    Recording Only

    Full MP4 recording of webinar, including Q&A. Choose digital download or CD-ROM by mail.

    Live and Recording

    Live + Recording

    Participation in the live webinar + Full MP4 Recording. For recording, choose digital download or CD-ROM by mail.

    Event Package

    Event Value Pack

    Participation in the live webinar + Full MP4 Recording + Audio-only MP3 recording. For recordings, choose digital download or CD-ROM by mail.

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