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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, July 17, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will prepare employment counsel to structure independent contractor agreements that help minimize exposure to misclassification claims. The panel will unravel the complicated legal framework with differing and overlapping federal law definitions for independent contractors versus employees. The panel will also discuss litigation updates and developments in federal, state, and local laws impacting the drafting of independent contractor agreements, and offer counsel best practices for drafting agreements to mitigate risk.

Faculty

John S. Ho
Co-Chair, OSHA-Workplace Safety Practice
Cozen O'Connor

Mr. Ho exclusively represents employers on all labor and employment matters and regularly handles wage and hour matters involving federal and state laws, such as the Fair Labor Standards Act, the New York Labor Law, New York’s Miscellaneous Industries Wage Order, and New York’s Hospitality Wage Order. He also routinely works with OSHA, in addition to handling discrimination claims, ADA public accommodation cases, drafting employee handbook policies and procedures and employment contracts, conducting workplace investigations, and arbitrations. Mr. Ho has defended a wide range of employers against hybrid class and collective actions under the FLSA and the New York Labor Law. He also frequently assists companies with internal wage and hour audits, as well as Department of Labor audits, including those generated by misclassification of independent contractors in New York State unemployment filings. Mr. Ho is a former prosecutor with the U.S. Department of Labor, Office of the Solicitor and is a founding member of the Wage and Hour Defense Institute.

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C. Edward Langhammer
Member
Cozen O'Connor

Mr. Langhammer has over 35 years’ experience representing clients in all aspects of employment law and related litigation, including wage and hour class actions, Private Attorneys General Act (PAGA) claims, Fair Credit Reporting Act (FCRA) claims, and suits involving wrongful termination, discrimination, harassment, and retaliation, breach of contract and unfair business practices, and misappropriation of company trade secrets and proprietary information. He also counsels clients on a wide range of employment law matters, conducts wage and hour compliance audits and reviews, drafts employment policies and procedures, and provides human resources training. Ed represents corporate and business organizations, as well as nonprofit and charitable entities. 

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Description

The classification of workers as independent contractors rather than employees continues to be under intense government scrutiny at the federal and state/local levels. The U.S. Department of Labor (DOL) and National Labor Relations Board (NLRB) recently reestablished more stringent federal standards for determining whether a worker may be classified as an independent contractor, making it more difficult for businesses to use this designation without increased risk of agency enforcement actions.

States and localities are also stepping up efforts to protect independent contractors. Several states such as California, Massachusetts, Illinois, New Jersey, and Maryland have their own strict laws in addition to federal standards. Additionally, New York State recently enacted the Freelance Isn't Free Act, effective May 20, 2024, that mirrors New York City's law and requires all contracts with freelance workers worth $800 or more to be in writing or suffer costly penalties.

Misclassification errors can expose employers to significant liability under state and federal tax and employment laws. Therefore, counsel must understand when to designate workers as independent contractors and how to draft agreements to best protect their clients.

Listen as our panel discusses effective independent contractor agreement drafting techniques to mitigate the risk of misclassification and possible penalties. The panel will discuss how to tailor the agreement to the specific situation; analyze differing IRS, DOL, and EEOC definitions and noteworthy federal and state regulations; and outline key provisions to be included in the agreement.

Outline

  1. Legal framework and recent regulatory developments
    1. IRS
    2. DOL
    3. EEOC
    4. NLRB
    5. State/local law considerations
      1. New York State's Freelance Isn't Free Act
  2. Independent contractor agreements
    1. Inherent limitations
    2. Key provisions to include
    3. Provisions to avoid
    4. Optional provisions
  3. Practitioner takeaways

Benefits

The panel will review these and other key issues:

  • What are the differences in the key definitions pursuant to IRS, DOL, and EEOC guidelines that must be incorporated into an independent contractor agreement?
  • What federal and state/local regulations should counsel consider before drafting an agreement?
  • What provisions should employment counsel be sure to include in an independent contractor agreement?
  • What provisions in agreements have been shown to contradict proving independent contractor status?