What HR Must Know about Classifying Independent Contractors and Employees in 2017

According to the DOL, MANY of the workers you currently pay via 1099 are now considered full employees.

This webinar, featuring employment law expert Anniken Davenport, will cover what you must do to comply with current DOL guidance and prepare for future changes


While many employers anxiously watched for news of OT updates last year, another, equally critical, issue received less attention than it deserved.

According to DOL guidance, MANY of the workers you currently pay via 1099 are now considered full employees.

Here are the basics:

  • 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 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 likely an employee under the new guidelines.

Now the IRS has gotten involved too, going after uncollected withholding and estimated taxes from workers it now 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? And what further changes could be ahead under a Trump-run DOL?

LEARNING OBJECTIVES

This webinar, featuring employment law expert Anniken Davenport, will cover what you must do to comply with current DOL guidance and prepare for any future changes:

  • 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. She 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(s) through the HR Certification Institute (HRCI) & Society for Human Resource Management (SHRM).

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