Gain a better understanding on how to develop the skills necessary to revise policies, practices, and procedures to ensure compliance with both federal and state requirements.
Many employers have individuals classified as independent contractors who are more properly classified as employees. Federal and state agencies, and private attorneys through wage and hour class action lawsuits, actively prosecute and litigate companies for these errors.
Improperly classifying employees can lead to a multitude of issues -- from the failure to pay overtime to improperly paying taxes. This topic will give employers the tools necessary to properly identify and classify individuals who work with their organizations. This material will also provide employers with the ability to draft policies that protect their intellectual property and branding without creating additional employment liabilities.
This information is critical for employers to develop the skills necessary to revise their policies, practices, and procedures to ensure compliance with both federal and state requirements.
Learning Objectives:
- You will be able to define what an independent contractor is and develop an understanding of who can properly be classified as an independent contractor.
- You will be able to discuss the different tests that examine 1099 classifications and the differences between the tests.
- You will be able to identify the common pitfalls in practices and learn how to avoid the 1099 misclassification traps.
- You will be able to review your policies, contracts, and procedures to ascertain if your independent contractors are truly ‘independent.’
What Is an Independent Contractor and How Do You Identify and Properly Classify Individuals?
• The Common Law Test
• The IRS 20 Factor Test (Although Revised, Still Important)
• The Notorious ABC Test
How Do Our Policies and Documents Help or Hurt Us?
• Non-Compete Agreement – Good in Theory and a Killer in Practice
• Uniforms, Identification Badges, and Vehicles -- Oh My
• What to Do About Electronic Storage, Data, and Programs
It's Not Just the Department of Labor and the IRS You Need to Worry About…
• Unemployment Compensation Audits
• Labor Relations and Discrimination Laws
• Negligence and Tort Laws
Credit Information (Sponsored by Lorman Education Services):
- CLE
- CPE
- AIPB
- NASBA
- Enrolled Agents
For Detailed Credit Information page
click here
Only registered attendee will receive continuing education credit.
Faculty
Julie A. Proscia, Esq., SmithAmundsen LLC
- Partner in the law firm of SmithAmundsen LLC
- Practice emphasizes all aspects of Labor & Employment – Public and Private Sectors
- Conducts regular seminars and workshops on numerous topics, including supervisor training, wage & hour compliance, and independent contractor issues
- Author of several publications related to the areas of gender identity issues and changes in the workplace, minimizing risk in employment interviews, sexual harassment in both public and private sector issues, biometrics/data privacy issues, and social media & municipalities
- Member of the Illinois Senate Task Force on Sexual Discrimination and Harassment Awareness, has been selected to the Illinois Super Lawyers List for multiple years, Selected to the Illinois Super Lawyers “Rising Stars” List, and recognized as “40 Illinois Attorneys Under 40 to Watch”
- Can be contacted at jproscia@salawus.com or (630) 587-7911
(Not available outside the US)