Avoid lawsuits and learn how to navigate the complex rules of the Fair Labor Standards Act.

The misclassification of a worker as an independent contractor is one of the most common mistakes employers make (second only to misclassifying an employee as exempt). An employer typically will learn of a claim of misclassification from a third party: current/former employee; an attorney for a current/former employee; the Internal Revenue Service; a state unemployment office; to name a few. A response to such a claim will result in a significant outlay of time and money. When there is one misclassification found in the workplace, typically, there will be more. This presentation will introduce you to the federal law that deals with the classification of workers and payment of wages and hours worked. The course will provide you with the tools needed to understand the difference between an independent contractor and a common-law employee and what is needed to establish a true independent contractor relationship. You will also be provided methods of evaluating a misclassification and the tools needed to correct and eliminate and/or reduce the liability to the employer for the misclassification of workers as independent contractors.

Learning Objectives

• You will be able to You will be able to identify whether the employer is subject to the Fair Labor Standards Act.
• You will be able to You will be able to describe what is a common-law employee and independent contractor.
• You will be able to You will be able to discuss the risks to the employer if there is a misclassification of a worker.
• You will be able to You will be able to explain how to correct any misclassifications and prevent misclassifications