The Dangers of Employee Misclassification: An Employer’s Guide to Avoid the Risk
Issues concerning employee misclassification continue to grow, as employers often misunderstand the legal distinctions between employees and independent contractors. While many employers are tempted to hire and classify their workers as independent contractors, they often fail to appreciate both the legal requirements necessary to accomplish this, and the disastrous financial outcomes that can result from their mistake. It is essential that employers understand and follow the complex and often confusing rules issued by state and federal agencies as well as the U.S. courts.
In this LIVE Webcast, labor and employment law experts Diane C. Mokriski (O'Connell, Attmore & Morris) and Edward Bierhanzl (Resolution Economics) will provide the audience with an in-depth analysis of the recent developments in Employee Misclassification. As experts, they will also present the important issues surrounding this significant topic, including practical insights on how to properly classify employees and the best practices to avoid costly risks and damages.
Key topics include:
- Distinguishing Independent Contractors from Employees
- Practical Guide for Employers
- Potential Risks and Damages
- Best Practices
Diane C. Mokriski, Partner
O'Connell, Attmore & Morris, LLC
- Why employers should care about the issue – in other words, the various ways in which misclassification can impact a business (such as audits, lawsuits, and the resulting financial impact)
- The various tests used by federal and state agencies and courts to determine employee or independent contractor status
- Why Connecticut employers should be particularly careful with the state labor department’s “ABC” Test
- Best practices moving forward to protect your business
Edward Bierhanzl, Director
Resolution Economics, LLC
- Who gets misclassified and why? The economic realities of the independent contractor relationship and the surprising variety of industries that are susceptible to IC problems.
- An employer’s financial exposure: statutory fines and penalties as well as back pay and benefits. How can an employer know how much is at stake?
- Timekeeping and pay issues: employees vs independent contractors
Who Should Attend:
- Labor and Employment Lawyers
- Human Resource Personnel
- In-house Counsel
- Top Level Management
Diane Mokriski is the Chair of the Employment Law Group at O’Connell, Attmore & Morris, LLC. With over 20 years of experience, she represents employers of all sizes, ranging from small, family-owned businesses, to national corporations and nonprofit organizations. She defends her clients in state and federal courts as well as before administrative tribunals such as the Department of Labor and the EEOC. She routinely handles issues pertaining to discrimination, harassment, wrongful termination, wage and hour issues, and employee misclassification. She represents both employers and employees in contract negotiations and in non-compete litigation. Attorney Mokriski is frequently retained by insurance carriers to defend insured businesses against allegations of employment discrimination.
In addition to her litigation experience, Attorney Mokriski assists her clients with proactive and preventative strategies for avoiding costly litigation, such as harassment and wage-and-hour seminars, internal investigations, and the preparation and review of employee handbooks.
Diane Mokriski is the Chair of the Employment Law Group at O’Connell, Attmore & Morris, LLC. With over 20 years …
Edward Bierhanzl is a Director at Resolution Economics, LLC, an economic consulting firm with offices in Los Angeles, Chicago, Washington, D.C., and New York.
Dr. Bierhanzl has extensive experience in economic modeling and statistical analysis in the areas of labor and employment. He has worked on engagements involving allegations of age, race, and gender discrimination in compensation, hiring, termination, performance, promotion and other employment decisions. In wage and hour matters Dr. Bierhanzl has provided analysis and expertise addressing both FLSA and state law issues of overtime pay, missed meals and breaks, off-the-clock work and employee misclassification. The scope of projects he has worked on has ranged from large class action matters and multi-district litigation to small single-plaintiff cases.
Dr. Bierhanzl holds Ph.D. and M.S. degrees in Economics from Florida State University
Edward Bierhanzl is a Director at Resolution Economics, LLC, an economic consulting firm with offices in Los Angeles, Chicago, Washington, …
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Method of Presentation:
General knowledge of labor and employment laws
NY Category of CLE Credit:
Areas of Professional Practice
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About O'Connell, Attmore & Morris, LLC
O’Connell, Attmore & Morris, LLC provides local, national and global clients with the full range of legal services. Our practice areas include business law, appellate advocacy, creditors’ rights, estate planning, insurance defense, litigation, personal injury, real estate, taxation, intellectual property, and employment law. When legal matters overlap into more than one area, our clients benefit from a cross-disciplinary team of attorneys who collaborate to advocate for the best possible outcome. Client relationships that begin with a real estate closing or the formation of an LLC often develop into lasting partnerships in which clients engage the firm for all of their legal services. The firm focuses on developing long-term relationships with clients by providing outstanding, comprehensive, cost-effective service that promotes individual and business goals.
The firm’s Employment Law Group represents both employers and employees in contract negotiations and in litigation pertaining to non-compete and non-solicitation agreements. We defend management against a wide range of employment-related claims, including wrongful discharge, discrimination, harassment, and wage and hour complaints. The firm’s preventative services include harassment training, management seminars, and the preparation and review of employee handbooks. As a full-service firm, our employment lawyers collaborate with the professionals in our other practice areas, thereby providing clients with uniquely accurate, thorough, and effective counsel.
About Resolution Economics, LLC
Resolution Economics provides sophisticated economic, statistical and financial analyses, forensic investigations, forensic technology, dispute advisory, expert testimony, and specialized technology and analytic solutions to leading law firms, Fortune 500 companies, and government agencies.
The firm has provided expert testimony in class-action, multi-plaintiff and single plaintiff employment matters alleging discrimination in employment practices on the basis of age, race, gender, national origin, and ethnicity. The experts at Resolution Economics have managed complex, high profile litigation and compliance matters, many of which were national in scope. The Labor and Employment team is one of the most experienced in the nation at analyzing class certification and merits issues in class-action discrimination disputes, and are experienced in handling complex wage and hour matters as well. The firm also provides assistance in information management, statistical sampling, and statistical analysis, as well as data collection, surveys, and observation studies.