PLAY RECORDING

Broadcast Date: Thursday, January 27, 2022
from 12:00 pm to 1:30 pm (ET)

Overview:

The flexible work arrangement has become a norm in the post-pandemic time, presenting hurdles among company decision-makers when it comes to employee classification. Misclassifying an employee as an independent contractor can pose legal risks to employers including liability claims related to employment taxes, interest, and penalties.

While the Fair Labor Standards Act (FLSA) holds established factors in determining employee status, the Internal Revenue Service (IRS) also uses its standards for evaluation with an emphasis on the behavioral, financial, and relational details. Thus, stiffer fines and criminal penalties await employers who committed fraudulent or intentional misclassification. These developments underscore the need for company executives to be well-versed with the different factors or legal standards in classifying workers to mitigate misclassification liabilities and other legal risks.

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they provide a comprehensive discussion of the existing regulations, emerging developments, and notable cases involving independent contractor misclassification. Speakers will also offer practical tips and compliance strategies to mitigate potential risks in this evolving legal landscape.

Key topics include:

  • Independent Contractor Misclassification: Challenges and Pitfalls
  • Determining Employee Status: Demystifying the IRS Factors
  • Practical Tips and Strategies
  • Notable and Latest Cases and Legislative Developments
  • What Lies Ahead?

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of labor and employment laws

 

Course Code:

149504

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

Barry A. Furman, Of Counsel
Fineman Krekstein & Harris P.C.

Barry A. Furman is Of Counsel to Fineman Krekstein & Harris, P.C., with over 30 years’ experience representing a wide range of business clients in corporate, taxation, healthcare, employment, and real estate law, estate planning and administration. Prior to entering private practice, Barry served as law clerk to a United States Judge and was Senior Trial Attorney with the Chief Counsel’s Office, IRS. The Chief Counsel awarded several merit awards to Barry and he has received an esteem rating in competence and ethics by his peers. Barry has vast experience advising clients on the pros and cons of engaging independent contractors and avoiding misclassification.

William D. Taylor, Partner
Hanson Bridgett LLP

Bill Taylor maintains both a transactional and litigation business practice and represents all types of business ventures, both publicly and privately owned.  Bill has significant experience in all aspects of the transportation industry nationally and globally. He is well-versed in all areas of domestic and international logistics law and policy. He regularly consults with clients regarding co-employer claims related to independent contractor relations including restructuring and/or creating operating entities within the so-called “Broker Model.” Bill is the head of Hanson Bridgett’s Transportation and Logistics Practice Group and, among other accolades, serves as an appointed member of the Editorial Board for Transportation Law 360.

Jonathan L. Sulds, Shareholder
Greenberg Traurig, LLP

Jon’s record of consistently achieving client objectives in his labor and employment practice has earned him a spot in Lawdragon’s Hall of Fame, designation as a Benchmark Litigation Labor & Employment Star, and repeated listings in Chambers, Best Lawyers, Super Lawyers, and The Legal 500. In the independent contractor/worker misclassification realm, his notable published victories include Hertz v. C’mmr of Labor, 2 N.Y. 3d 733(unemployment),  Montesano v. Xerox, etc, 265 F.3d. 86 (ERISA), and Davenport v. Harry N. Abrams, 249 F.3d 130 (ERISA). A cum laude graduate of Harvard Law School, Jon is a shareholder at Greenberg Traurig LLP; from 2010-2018, Jon co-chaired the firm’s Global Labor and Employment Practice which was twice named a Law360 Group of the year during his tenure.

Agenda:

SEGMENT 1:

Barry A. FurmanOf Counsel

Fineman Krekstein & Harris P.C.

IRS:

  • Behavioral Control:  Does company control or have right to control worker
  • Financial Control: Economic aspects of relationship
  • Relationship of parties:  Intent; written contracts; forms filed
  • Steps to Avoid Misclassification
  • Current Developments

SEGMENT 2:

William D. TaylorPartner

Hanson Bridgett LLP

  • Status update and latest developments regarding the CTA appeal now pending before the US Supreme Court;
  • Updates regarding and continued fallout resulting from AB 5 and similar state laws;
  • The Business-to-Business Exception to AB-5: possible work around solutions to anticipate and defend against misclassification claims; and,
  • False assumptions underlying misclassification claims and evidentiary responses thereto.

SEGMENT 3:

Jonathan L. SuldsShareholder

Greenberg Traurig, LLP

  • Status update and latest developments outside the transport context
    • gig economy
  • Practice pointers
    • contractor’s view of situation
    • exclusivity in relationship
    • line of business/disaggregated enterprise structures

Materials:

Download Course Materials

Who Should Attend:

  • Labor and Employment Lawyers
  • Chief Human Resource Officers
  • Chief Executive Officers
  • Human Resource Managers
  • Human Resource Directors
  • Human Resource Generalists
  • General Counsel
  • In-house Counsel

SPEAKERS

Barry A. FurmanOf Counsel
Fineman Krekstein & Harris P.C.
William D. TaylorPartner
Hanson Bridgett LLP
Jonathan L. SuldsShareholder
Greenberg Traurig, LLP

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