Employees vs. Independent Contractors - Understanding Legal Differences and Staying Compliant

Why Should You Attend:

Failure to comply can be costly and getting the classification between employees and independent contractors right is good policy. The Department of Labor and the IRS appear to be cracking down on employers who characterize persons who are lawfully employees as contractors. Employers who mis-classify could be exposed to significant liability.

This webinar will discuss the IRS’ 11 point test and other criteria used to classify workers and clarify the distinctions between employees and contractors. Also, you will be provided with tools to use in classifying your workers as employees or contractors. It may be particularly helpful for small businesses without HR Departments.

At the end of this session, the speaker will handle your specific questions and address any challenges you have/had in understanding the legal differences between employees and contractors.

Areas covered in this webinar:

• What Statutes are Relevant to Classification?
• The IRS Tests for Classification.
• Statutory Employees?
• What Constitutes Control over Work Sufficient to Make a Worker an Employee?
• Leased Employees and Temporary Employees?
• Drafting Independent Contractor Agreements. Conducting Self-audits.

Learning Objectives:

• Understand the Legal Criteria to Distinguish Employees from Contractors
• Learn Ways to Minimize Risk When Using Contractors
• Learn Tips for Drafting Contractor Agreements

Who Will Benefit:

• Attorneys
• Human Resource Directors
• Anyone who is involved in Hiring or Staffing

Instructor Profile:

Kenneth A. Sprang, is one of the founding partners of Washington International Business Counsel, LLP, in Washington, DC. Mr. Sprang counsels and represents both domestic and international clients in labor and employment law and in a wide range of corporate, business and transactional matters. Over the course of his 30 plus year career, Mr. Sprang has practiced with both large and small firms, as well as serving as in house counsel for Fortune 500 companies and as general counsel to smaller companies.

Mr. Sprang began his career with Morgan, Lewis & Bockius, a large, multi-national firm. Subsequently, he served as in house counsel in the legal departments of Calgon Corporation, a former subsidiary of Merck & Co., Inc., and Cyclops Corporation, a Fortune 500 specialty steel manufacturer. Later, Mr. Sprang founded legal departments and served as in-house general counsel for several start-up and other privately-held companies, including a hospital and a web-based company. Mr. Sprang has also spent several years as a full-time law professor, and continues teaching as an Adjunct Professor at Catholic University of America, Columbus School of Law in Washington, D.C.

Mr. Sprang brings to his clients special expertise in labor and employment law. He represents employers in traditional labor relations matters, as well as in wage and hour, employment discrimination, HR, employee benefits, OSHA, and other issues related to employment. In addition to representing clients in all aspects of U.S. labor and employment law (including specific state laws), he has served on the senior staff of the Chairman of the National Labor Relations Board and taught the subject for many years. He is the author or co-author of several books and articles on labor and employment law and alternative dispute resolution.

Topic Background:

Many employers, particularly those whose staffing needs fluctuate significantly throughout the year, seek to treat some workers as independent contractors rather than as employees. Although the employer and the worker may be content with such an arrangement, the Internal Revenue Service, the Department of Labor and other federal agencies may not agree. Employers can be exposed to the liabilities as Dept. of labor and IRS is cracking down on employers who characterize lawful employers as contractors.

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