do-you-know-who-your-employees-are-revisiting-independent-contractor-and-joint-employment-rules

Do You Know Who Your Employees Are? Revisiting Independent Contractor and Joint Employment Rules

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Live Webinar | CEU Approved

  • 90 minutes

The Department of Labor reported that it recovered over $246 million in back wages for more than 240,000 employees in fiscal year 2018 due to being misclassified as independent contractors. That number is up significantly from 2017, where its investigations resulted in more than $79 million in back wages for approximately 109,000 workers. According to the Bureau of Labor Statistics, 14.4 million people are classified as independent contractors.

Join this session by expert speaker Susan Fahey Desmond, where she will discuss the difference between an independent contractor and an employee? And which federal agencies care about classification and why?

Session Highlights:

  • How big is the issue?

  • What is the difference between an independent contractor and an employee?

  • Which federal agencies care about classification and why?

  • Internal Revenue Code Category Test

  • Fair Labor Standards Act “Economic Realities” Test

  • Right to Control Test

  • Relative Nature of the Work Test

  • “ABC” Test

  • Joint Employment and the National Labor Relations Act

  • Joint Employment and the Fair Labor Standards Act

  • Joint Employment under other laws

  • Case Examples

Why You Should Attend:

This number represents almost 10% of the total work force. The Department of Labor estimates that approximately 3.4 million of these workers are classified as contractors when they should be classified as employees. Misclassifications can be costly – they can even result in criminal penalties in extremely egregious cases. How do you avoid this costly mistake? To top it off, many laws may mean that your company is a joint employer with another company with which you may do business. Can you be liable for another company’s failure to pay overtime wages? What about bargaining under the National Labor Relations Act? Do you know who your employees are?

Who Should Attend:

  • Business owners

  • Human resource personnel

  • Risk managers


*You may ask your Question directly to our expert during the Q&A session.

** You can buy On-Demand and view it as per your convenience.

Susan  Desmond

Susan Desmond

Susan Fahey Desmond is a principal with Jackson Lewis PC. She has been representing management in all areas of labor and employment law for over 30 years. A frequent author and speaker, Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers for labor and employment law. She is also listed in Mid-South Super Lawyers and Louisiana Super Lawyers.

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Edupliance is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.


This webinar has been approved for 1.5 HR (General) recertification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute. The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.

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