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Gig Worker Misclassifications: How to Avoid DOL and IRS Scrutiny, Citations, and Costly Penalties - On-Demand

Gig Worker Misclassifications: How to Avoid DOL and IRS Scrutiny, Citations, and Costly Penalties - On-Demand

Product Code: YEWA121119A

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Gig Worker Misclassifications: How to Avoid DOL and IRS Scrutiny, Citations, and Costly Penalties - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to evaluate whether you should re-classify independent contractors as employees to avoid hefty fines and penalties and collective actions that could exposure your organization to liability for back pay and liquidated damages.

The relationship between workers and workplaces is changing. Today’s “gig economy” provides organizations with the ability to ramp up with talent when they need it “on demand.” But, employing an on-demand workforce of independent contractors comes with many legal concerns that could spark liability and steep penalties from the Department of Labor for Fair Labor Standards Act (FLSA) violations, the Internal Revenue Service (IRS) for tax-related issues, or other government enforcers.

Use this on-demand webinar for an all-new webinar on how to evaluate whether independent contractors should be re-classified as your employees to avoid hefty federal fines and penalties—or potentially worse, collective actions seeking back pay and liquidated damages.

You’ll learn how to:

  • Recognize the legal differences between independent contractors and employees under federal law—and the practical impact those differences have on your rights and obligations as the hiring company
  • Identify whether an employment relationship exists based on analysis of the 20 factors most widely used to determine independent contractor status under federal law
  • Determine whether a worker would likely be deemed an employee not an independent contractor in the eyes of the DOL, the IRS, or a judge or jury
  • Seamlessly re-classify independent contractors as employees to minimize the risk of future (ongoing) liability
  • Draft and enforce independent contractor agreements—and the legal minefields these agreements might not be able to save you from
  • How to train hiring managers to ensure they are correctly classifying freelancers and contractors to fill available roles
  • Identify the #1 thing the DOL, the IRS, or another government enforcer will want to know if you’re subjected to an employment classification audit
  • Formulate a plan of action for a self-audit of your organization’s employment classifications—where and how to start
  • Spot common mistakes and correct them before they spark major financial and legal liability for your organization

About Your Presenter

James C. FessendenJames C. Fessenden, Esq.
Fisher Phillips  

Jim Fessenden is a partner in Fisher Phillips LLP’s San Diego office. He represents employers in all aspects of employment law with a particular focus on employment litigation.  His successes in employment litigation are numerous and well-documented and include a complete defense awards on employee’s misclassification claims against their employers. He has unique experience in representing clients against governmental investigations and charges.  He has successfully represented clients in investigations led by the United States Department of Labor, the United States Office of Federal Contract Compliance Programs, the California Division of Labor Standards Enforcement, Cal-OSHA, and the Employment Development Department, among others. He also has substantial experience representing clients in unique employment relationships, particularly against allegations of joint employment, and co-employment.  He regularly represents staffing companies, PEOs, and large companies with vendor-reliant and contractor-reliant business models. His successful litigation practice also makes him a go-to resource for the firm’s clients seeking preventative advice. He regularly counsels clients through difficult terminations, drafts complex pay and bonus plans for executives, and creates policies designed to protect the firm’s clients. Fessenden has been included in San Diego Super Lawyers - Rising Stars in 2015, 2016, 2017, 2018 and 2019.