PLAY RECORDING

Broadcast Date: Wednesday, April 27, 2022 from 3:00 pm to 4:30 pm (ET)

Overview:

The U.S. Department of Labor (DOL) Wage and Hour Division and the National Labor Relations Board (NLRB) are continuously taking initiatives to improve each agency’s law enforcement, specifically against employee misclassification. Guided by their standards, the DOL and the NLRB aggressively enforces the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) respectively to expand the scope of classifying joint employers while narrowing the scope of categorizing independent contractors.

Employers must look closely at any developments in this field of law to keep their independent contractors at arm’s length, thus avoiding potential pitfalls and lawsuits.

Join a panel of key thought leaders and distinguished professionals organized by The Knowledge Group as they provide a comprehensive discussion of the latest enforcement trends in classifying employees. Speakers, among other things, will offer practical compliance strategies in this rapidly evolving regulatory landscape.

Key issues that will be covered in this course are:

  • Employee Classification: Latest Regulatory Trends and Developments
  • Demystifying the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA)
  • Risks and Pitfalls Associated with Employee Misclassification
  • Explore Effective Compliance Strategies
  • 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:

149856

 

NY Category of CLE:

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

Cary Elliott, Director
Resolution Economics LLC

Cary Elliott, is a Director at Resolution Economics LLC, an economics and statistics consulting firm with offices in Los Angeles, Chicago, Washington, D.C. and New York. He holds a Ph.D. in economics from Princeton University. Prior to joining Resolution Economics, Dr. Elliott worked as a senior economist in the executive and legislative branches of the Federal Government; he provided statistical analysis and policy advice to top government executives and members of Congress and their staff. In addition to his years of government service, he has worked as a senior consultant and research manager on various litigation matters. Dr. Elliott is experienced in analyzing potential liability and calculating damages in a wide variety of employment matters, including wrongful termination, compensation, hiring, promotions, and FLSA wage and hour claims.

Robert Crandall, Partner
Resolution Economics LLC

Robert W. Crandall is a Partner and founding member of Resolution Economics LLC, an economics and statistics consulting firm with offices in Los Angeles, Chicago, Washington, D.C., North Carolina, and New York. He has an MBA from Loyola Marymount University and a B.A in History from the University of Southern California. Prior to Resolution Economics, Mr. Crandall was with the Dispute Consulting Group at Deloitte & Touche, the Economics & Litigation Services Group at Altschuler, Melvoin & Glasser, and the Dispute Analysis & Corporate Recovery Group at Price Waterhouse. Mr. Crandall has been qualified as an expert witness in state and federal courts and has testified a number of times at deposition and trial.

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:

Cary ElliottDirector

Resolution Economics LLC

  • Employers face substantial legal risks from alleged “misclassification” of workers.
  • Employers’ liability for misclassification include unpaid minimum wage, unpaid overtime, unpaid taxes, potential penalties.
  • There are economic benefits to independent contractor arrangement for both employers and workers.
  • Employers should understand the various legal tests for determining employment status at both the state and federal level.

SEGMENT 2:

Robert CrandallPartner

Resolution Economics LLC

  • Analysis of business operations to evaluate the opportunity for profit and loss
  • Labor economics of employee/IC status
  • The Economics of the ABC test
  • Economic realities test

SEGMENT 3:

Jonathan L. SuldsShareholder

Greenberg Traurig, LLP

  • Contractor’s view of situation
  • Exclusivity in relationship
  • Line of business/disaggregated enterprise structures

 

Materials:

Download Course Materials

Who Should Attend:

  • Labor & Employment Lawyers
  • Chief Human Resource Officers
  • VPs and Directors of HR
  • HR Managers
  • HR Generalists
  • HR Specialists
  • Chief Executive Officers
  • Chief Compliance Officers
  • General Counsel

SPEAKERS

Cary ElliottDirector
Resolution Economics LLC
Robert CrandallPartner
Resolution Economics LLC
Jonathan L. SuldsShareholder
Greenberg Traurig, LLP

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