Employee or Independent Contractor: Classification Dos and Don’ts
Classifying workers as employees or independent contractors correctly was already a challenge, and now the DOL has proposed a rule that could further impact how workers are classified.
To add to the complexity, many states are broadening the employer-employee definition as they attempt to make gig workers and independent sellers employees. In this 90-minute, instructor-led event employers will learn how to properly navigate the Employee vs Independent-Contractor classification process. Join us to discover:
- The factors used to classify a worker as employee or independent contractor
- How to perform an internal audit to ensure workers are correctly classified
- Penalties and financial burdens of misclassifying workers
- Importance of Section 530 Relief and what it means for employers
- Bonus – “Worker Determination Guide” for classifying workers
Classifying Workers as Employee or Independent Contractor
- 20-rule test for determining worker status
- What triggers a worker status audit by both IRS and DOL
- Records needed to confirm worker classification compliance
- 4 allowable classification of workers according to IRS
- Rules and tests states use to identify independent contractors
Hiring Independent Contractors vs. Employee: Pros & Cons of Each
- How to decide whether to hire a worker as a contractor vs. employee
- Documentation necessary to prove workers qualify as independent contractors
- Benefits of hiring an independent contractor
- When you would want to hire an employee instead of a contractor
Handling Misclassification of Workers
- Penalties and fines IRS and DOL can assess for misclassification
- How employers can correct misclassifications and avoid penalties
- Understanding the worker’s recourse when they are misclassified
Question and Answer Session - Your specific questions & unique challenges will be addressed!
About the Speaker
Pamela Fagan Shull is president of Audit Business Services, Inc. She is a management consultant and compliance auditor to government, business, and associations with global perspective. She has fifty years of experience in human resources, payroll, management, accounting and finance. She has been an Executive Vice-President for a manufacturing plant; director of accounting and personnel, and CEO for a nationwide rental company, business manager for a non-profit opera company; and currently is the operations director for a Native American non-profit organization.
Pamela has been a trainer/presenter for multiple training companies for the last 27 years. Her topics have included accounting, payroll, human resources, communication and time management, safety, computer courses and administrative/management classes. She is a specialist in all 50 states and Canada employment, labor and tax laws.
Proper worker classification is the first step for FLSA compliance. Join us to learn what you need to know about the DOL’s proposed classification rule and how to use the latest federal and state tests to properly classify your workforce.
If you'd like this program customized for your organization, call us at 1-800-964-6033. We're certain we can fulfill your training needs, while making it fit in your budget!
Premier Learning Solutions is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP® or SHRM-SCP®. This program is valid for 1 PDCs for the SHRM-CP® or SHRM-SCP®. For more information about certification or recertification, please visit www.shrmcertification.org.
This program has been approved for 1 (HR (General)) recertification credit hour toward aPHRTM, aPHRiTM, PHR®, PHRca®, SPHR®, GPHR®, PHRiTM and SPHRiTM recertification through the HR Certification Institute. Learn more at hrci.org