Run Time: 90 minutes including Q & A
Leader: Bob Gregg, Attorney at Law, Boardman Clark Law Firm
Credits: Awarded 1.5 credit hours by HRCI
Price: Webinar $295; Webinar + Download $349 (Share the download with your colleagues)
Audience: HR, benefits, finance, supervisors and managers, CEOs, in-house counsel, etc.
The trend toward the expanded use of independent contractors started with the development of the on-demand or “gig” economy and, now, will likely accelerate because of the pandemic and the discovery by employers that in many situations independent contractors are just as effective as employees, but without the associated costs and headaches. There are many advantages to using independent contractors. Particularly, in a fluctuating economy, such as the current COVID-19 pandemic, the manager does not have to engage in repeated hire-layoff cycles; independent contractors are simply used as needed. There are no unemployment compensation, tax, or workers’ compensation payouts to independent contractors. There are far fewer records. Rules and accompanying administrative expenses do not apply. Independent contractors cannot sue a company for many forms of discrimination because the Equal Employment Opportunity laws are for employees, not contractors. However, just calling a person an independent contractor does not make him/her one. Many of those so-called independent contractors have sued the company after the work ended, under the employment laws, claiming they were employees. Correct classification is your only defense.
The Department of Labor and numerous states are actively auditing the use of independent contractors and assessing millions of dollars in penalties for wrongful classification. A government determination that a person is not an independent contractor means he/she will be classified as an “employee.” You may now be liable for back employment taxes (and penalties), benefits, work injuries, unemployment compensation, and discrimination claims. The IRS and several other laws can hold managers, CEOs, and board members personally liable. Misclassification cases are usually not covered by insurance. They have bankrupted several employers.
Wishful thinking and failure to understand the rules can create huge liabilities. Please join Robert Gregg, attorney at law, as he offers guidance for properly classifying your employees, and helps you to get prepared if you should ever be asked to justify your independent contractor classification decisions.
During this important webinar Mr. Gregg will discuss:
- The growing trend towards the use of ICs during this Covid-19 pandemic era
- The required standards for independent contractor status
- Liabilities for misclassification
- Cautions in using independent contractors (can they claim ownership of your computer system forms and processes, or did you protect your rights?)
- Your liability for acts of independent contractors (your duty to responsibly select and monitor) ‒ Review the DOL, IRS, EEO requirements and checklists
- Best practices relating to unemployment compensation, workers’ compensation, taxation and benefits, fair labor standards, equal employment opportunity, etc.
Bob Gregg, attorney at law, co-chairs the Labor & Employment Group at Boardman & Clark Law Firm in Madison, Wisconsin. Mr. Gregg has been involved in employment relations for more than 30 years. He litigates employment cases, representing employers in all areas of employment law. His main emphasis is helping employers achieve enhanced productivity. He has designed the policies of numerous employers, creating positive work environments, and resolving employment problems before they generate lawsuits. Mr. Gregg has conducted more than 3,000 seminars throughout the United States and authored numerous articles on practical employment issues. He is a member of the Society for Human Resource Management, the National Speakers Association, a National Faculty Member of the American Association for Access, Equity & Diversity and serves on the board of directors of the Department of Defense Equal Opportunity Management Institute Foundation. He has successfully defended employers in government audits and cases regarding independent contractors.
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