Independent Contractor: Misclassification, Recent Updates and Key Compliance Trends in 2019
Because of the varied legal standards set between federal and state laws, independent contractor classification in the US remains to be one of the most challenging matters that the business industry faces. On July 13, 2018, the Wage and Hour Division of the Department of Labor (DOL) issued Field Assistance Bulletin (FAB), which provided and set out essential factors and guidance on independent contractor or employee classification.
With all the changes that continue to transpire in the independent contractor landscape, it becomes more important for both employers and employees to keep themselves updated with new compliance regulations to obviate the likelihood of potential misclassification.
Our panel of key thought leaders and practitioners will offer a discussion of the fundamentals as well as updates regarding the latest and significant issues surrounding independent contractor classification. This LIVE Webcast aims to help you avoid common pitfalls and risk issues in independent contractor and employee misclassification.
Key topics include:
- The 2019 Independent Contractor Landscape
- DOL’s Multi-Factor Test
- Independent Contractor Classification Compliance Strategies
- Recent Trends and Updates
- Common Risks and Pitfalls
- Practical Guide for Employers
- What Lies Ahead?
Resolution Economics Group LLC
- Setting the Landscape of Wage/Hour World
- Dynamex Decision
- Use of Surveys in Classification Audits and Disputes
- Litigation perspective
- What Happens in Litigation
- Consequences of Improper Classification
- Litigation Strategies
Schlam Stone & Dolan LLP
- Best Practices When Hiring and Working with Independent Contractors
- Discussion of Select Cases
- Approaches to Classification Issues in Different Forums
- Application to Drivers and Other Workers
Who Should Attend:
- Labor and Employment Lawyers
- General Counsel
- HR Directors
- HR Personnel
Alison Rose is a Partner at Resolution Economics. Ms. Rose holds a Bachelor’s degree and Master’s degree in Economics from the University of Southern California and a Master's degree in Survey Research from the University of Connecticut.
Since joining Resolution Economics in 2004, Ms. Rose has specialized in employment related litigation support, including the preparation of economic and statistical analysis for the purpose of assisting counsel in evaluating class certification, merits, and damages issues. Her areas of expertise include processing and analyzing large and complex databases. She has extensive experience in preparing analyses related to wage and hour claims including matters involving exempt status classification, off-the-clock work, meal and rest breaks, as well as other federal and state wage and hour claims. Ms. Rose has also provided litigation support for matters involving allegations of race, gender, and age discrimination in a variety of industries. She has assisted counsel at numerous mediations and has served in an expert capacity in more than a dozen matters.
Alison Rose is a Partner at Resolution Economics. Ms. Rose holds a Bachelor’s degree and Master’s degree in Economics from …
Rafael Nendel-Flores, partner in LeClairRyan’s Los Angeles, CA office, represents employers in complex employment matters, including wage and hour class actions, employment tax litigation/audits, and appellate litigation. Rafael also defends employers against discrimination, wrongful termination, harassment and retaliation claims. He has particular experience with California wage-hour compliance, independent contractor issues, drafting and enforcing arbitration agreements, and Federal-WARN Act and California-WARN Act compliance. His client base includes professional employer organizations, staffing companies, gig economy companies, manufacturing companies, and transportation companies.
Additionally, Rafael counsels employers on day-to-day workplace compliance issues, workplace investigations, employee discipline, reasonable accommodation/leave issues, and wage and hour compliance issues.
He has been recognized, in the area of employment law, in both The Best Lawyers in America® and Law and Politics Magazine’s Super Lawyers for Southern California.
Rafael Nendel-Flores, partner in LeClairRyan’s Los Angeles, CA office, represents employers in complex employment matters, including wage and hour class …
Mr. Mazer is a trial lawyer with a broad litigation background. In addition to trial work, Mr. Mazer focuses his practice on employment law in the so-called “gig economy.” Since 1994, Mr. Mazer has represented various ground transportation businesses including black car and limousine dispatch bases, messenger businesses, airport transport businesses and related trade organizations in a variety of disputes before the courts, arbitrators and administrative tribunals. Many of these disputes concerned the independent contractor status of one or more affiliated workers.
His representations in this area have included:
- Obtaining dismissal on summary judgment of black car dispatch bases alleged to be vicariously liable for negligence of affiliated drivers, including one case which resulted in a leading New York Appellate Division, First Department decision finding that the affiliated drivers were independent contractors as a matter of law;
- Representing ground transportation dispatch bases in numerous disputes over the enforcement of arbitration clauses in franchise agreements with drivers;
- Representing the New York Black Car Operators Injury Compensation Fund and black car dispatch bases in hearings before the Taxi and Limousine Commission on numerous regulatory, compliance, and licensing issues;
- Representing black car dispatch bases against driver claims for unemployment insurance based on the independent contractor status of the driver;
- Representing trade organization for black car dispatch bases and others in a successful challenge to the constitutionality of a New Jersey statute imposing fees on for-hire vehicles registered in New York but picking up or dropping off passengers in New Jersey.
- Representing several trade organizations and dispatchers in a challenge to the constitutionality and application of a sales tax imposed on ground transportation dispatch businesses.
- Representing a trade organization in filing an amicus brief in the Second Circuit Court of Appeals successfully seeking to affirm dismissal of an action brought by of a putative class of drivers claiming to be employees under the Fair Labor Standards Act.
Mr. Mazer is a trial lawyer with a broad litigation background. In addition to trial work, Mr. Mazer focuses his …
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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 Resolution Economics Group LLC
Founded in 1998, Resolution Economics has become a market leader in providing expert analysis related to class-action employment matters and other complex litigation. Our professionals are experienced experts in their fields, many holding advanced degrees and credentials such as PhDs, MAs, MBAs, and CPAs. We are experienced at presenting our findings in a variety of settings, including trial, mediation, arbitration, and direct consultation.
Resolution Economics has provided consulting and expert services in hundreds of high-stakes class action lawsuits, as well as small and medium sized cases, for leading law firms, Fortune 500 companies, and government agencies across the nation. Our professionals are adept in handling cases that require the highest level of skill in economic analysis, econometric modeling, statistical sampling, and data management. We understand that our clients need to know not just what the data shows, but what it means. In every case, the data tells a “story.” Our mission is to discover that story, using economic principles and business insights to appropriately frame our statistical analyses.
LeClairRyan is a preferred, full-service provider of high-end counsel to businesses of all sizes—from emerging start-ups to multinational corporations.
Local Insight. Global Reach.
A full-service law firm with offices in California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Rhode Island, Texas, Virginia, and Washington, D.C., LeClairRyan offers clients the talent of approximately 300 attorneys in a full spectrum of practices. In addition, the firm can provide representation in all 50 states through the legal networks in which the firm participates. Attorneys also routinely provide counsel to prominent European and U.S. multinational businesses regarding their U.S.-based operations.
LeClairRyan’s approach to legal services may be best described in the words of one client, with a daily goal to prove to all clients, “…a law firm that displays integrity, compassion, and sincere interest in its clients.”
About Schlam Stone & Dolan LLP
Schlam Stone & Dolan is a preeminent boutique law firm with the experience, creativity, and problem-solving skills to get successful results quickly and efficiently. Our attorneys are seasoned litigators, transactional lawyers, and counsellors who have honed their skills at New York’s elite big firms and in public service, including many who have held leadership positions at U.S. Attorneys’ and District Attorneys’ offices.
Our experience allows us to staff cases leanly, so that clients get maximum value. At the same time, we value collegiality and collaboration, allowing each of us to draw on the entire firm’s knowledge and experience. This combination lets us give you the crucial insights necessary to get the results you need in the most efficient way possible.