Independent Contractor vs. Employee: Classify Your Nonprofit Staff Correctly

Webinar: ID# 1023355
Recorded CD
About This Course:
The use of nonemployee workers is more prevalent than ever, and challenges to these relationships are growing just as rapidly. The Internal Revenue Service (IRS), the Department of Labor, the National Labor Relations Board, state governments, and the plaintiffs' bar have made it a priority in 2016 to attack the legitimacy of independent contractor relationships, claiming that many of these workers are really employees.

Is your nonprofit organization exposed?

This webinar explores the legal risks of using independent contractors and provides tips for avoiding misclassification claims. The material examines the various types of tests used to determine whether a worker is properly classified and explores the consequences of a finding that a contractor is really an employee.

Learn how bad outcomes happen and how they snowball into worse outcomes. Learn how an unemployment claim can become a million dollar liability - and how to avoid it.


Goals and Overview
  • Why This Issue Matters
  • Why Companies Use Contractors
  • Why the Government Is Wary of the Use of Contractors
How Do You Know If Your Contractor Is Misclassified?
  • IRS and Common Law Tests
  • Affordable Care Act Test
  • Department of Labor Test
  • NLRB Test
  • Other Tests
Consequences of Misclassification
  • Tax
  • Benefits
  • Employment/Labor
  • Other
Tips for Avoiding Risk
About The Presenter

Todd Lebowitz
  • Co-founder of Baker & Hostetler LLP’s Independent Contractor Misclassification Team, which focuses on protecting and defending companies against misclassification claims under federal and state law, including in the employment, tax, and benefits areas
  • Helps organizations of all sizes to evaluate and modify their practices with respect to their use of nonemployee services, drawing upon his knowledge of the complex matrix of federal and state laws that include at least a dozen different tests for evaluating whether a worker should be deemed an employee
  • Wrote 2016 white paper, Independent Contractor Misclassification: 2016 Legal Analysis
  • Nationally featured speaker on nonemployee worker misclassification issues, having presented at seminars around the country
  • Defended organizations of all sizes against misclassification claims, in court and before administrative agencies
  • Recognized in Chambers USA Guide: America’s Leading Lawyers for Business and in Super Lawyers
  • Certified by the Ohio State Bar Association as a Specialist in Labor & Employment Law
  • Serves on the Board of Directors for the Society for American Baseball Research (SABR)
Independent Contractor vs. Employee: Classify Your Nonprofit Staff Correctly
Available on CD format
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