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What Kind of Gig Is This? An Analysis of Independent Contractor and Employee Classification

What Kind of Gig Is This? An Analysis of Independent Contractor and Employee Classification - On-Demand

Product Code: YHWA111720A

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What Kind of Gig Is This? An Analysis of Independent Contractor and Employee Classification - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: This webinar will provide answers to the challenges that the gig economy has created for employers and employees alike.


An independent contractor is a worker who individually contracts with an employer to provide specialized or requested services on a project or as-needed basis, also known as “gig” work. There is no absolute definition of an independent contractor, however, new laws in California, with similar laws adopted in no less than 20 other states, have created a test to determine the relative job status of a worker who has been hired to perform services. In order to prove independent contractor status, the hiring entity must establish the worker is an individual free from control and direction in the performance of services; is performing work outside the usual course of the business, and is customarily engaged in an independently established trade, occupation or business.

Many argue this test amounts to a more straightforward, and stricter, standard of proof for companies than what many experts agree were vague guidelines within federal law. However, recent laws have clouded the issue even further, making the analysis more confusing and frustrating. For most companies, meeting all of the above standards will be challenging, and extremely costly, if it wrongly classifies employees as independent contractors when they are not. In this webinar, learn the test, how to conduct the analysis on potential and current employees, and discover what could be major changes in the current status of laws governing independent contractor classification.

At the conclusion of this program, participants will be able to:

  • Understand the rules that pertain to independent contractors.
  • Conduct your own analysis of a job to determine the correct classification.
  • Audit your current employees to ensure appropriate classifications.

 

About Your Presenter

Blake J. Woodhall

Blake J. Woodhall, Esq.
Senior Counsel
Pettit Kohn Ingrassia Lutz & Dolin PC

Blake J. Woodhall, Esq. is Senior Counsel in Pettit Kohn Ingrassia Lutz & Dolin PC’s San Diego office. He counsels and defends organizations in a wide range of labor and employment law matters, including harassment, discrimination, and retaliation claims under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Americans with Disabilities Act, and the Family Medical Leave Act.  He has extensive experience representing employers in single and multi-plaintiff employment litigation, wage and hour class action litigation, and Private Attorneys General Act claims. In addition to his litigation practice, Blake provides guidance to employers on federal and state compliance matters, including best practices for hiring and termination, counseling and recommendations for performance improvement, wage and hour issues, employee handbooks, workplace trainings, and separation agreements.