employee-or-independent-contractor-what-to-do-in-the-wake-of-the-recent-rule-changes

Employee or Independent Contractor? What to Do in the Wake of the Recent Rule Changes

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On Demand | CEU Approved

  • 90 minutes

Many businesses choose to work with independent contractors, which is perfectly acceptable. But only if you follow the legal parameters. The IRS has strict worker classification rules regarding who is a contractor and who is an employee. Most states have their own tests, as well. Get it wrong and you could face severe penalties, including back taxes, steep fines, and in some cases, even prison.


This webinar will provide valuable and practical insight on how to properly classify freelancers, consultants, temps, and other contract workers—and how to tell whether the worker in question is really an employee. In this webinar, you will learn how and when your workers are legally your employees, or what to be able to properly classify them as independent contractors. This topic is particularly timely in light of the Biden Administration’s very recent withdrawal of the rule promulgated by the Trump Administration.


Session Highlights:


  • Intro- FLSA, Overtime, Records
  • Employee or Independent Contractor?
  • Definitions
  • Benefits
  • Risks
  • Tests
  • IRS Test
  • Right to Control
  • Economic Realities
Why You Should Attend:


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 determine 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.


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.


Who Should Attend?


  • HR managers 
  • HR Directors
  • Department heads and supervisors
  • Owners and managers of small businesses
  • HR professionals
  • HR Administrators
  • Compliance Professionals
  • Senior Managers
  • CEO’s
  • CFO’s
  • Controllers
  • Payroll/Compensation Officers
  • In-House Counsel



*You may ask your Question directly to our expert during the Q&A session.
** You can buy On-Demand and view it at your convenience.
Janette  Frisch

Janette Frisch

Janette Levey Frisch 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 operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits.

 Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs.

 Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. 

Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. 

 Janette has served on the Workplace Violence Prevention Institute, a multidisciplinary task force dedicated to providing proactive, holistic solutions to employers serious about promoting workplace safety and preventing workplace violence. Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others.  

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Edupliance is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org. 



This webinar has been approved for 1.5 HR (General) re-certification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute. The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for re-certification credit.

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