Trends and Developments on Independent Contractors Classification: A Practical Guide
Classifying whether a worker is an independent contractor or an employee is crucial for businesses. However, although most employers try to do it right, many of them still misunderstand the legal distinctions between the two. This typically results in worker misclassification, making employers at risk of enforcement actions and financial penalties.
With the government’s growing tendency to challenge independent contractor classifications, it is essential for practitioners and employers to ensure compliance with the relevant rules.
In this LIVE Webcast, employment lawyers Rafael Nendel-Flores (Clark Hill PLC) and Doug Holthus (Mazanec, Raskin & Ryder Co., L.P.A.) will provide the audience with an in-depth analysis of the recent developments in independent contractor classification. Speakers will also offer focused insight on how to properly classify workers, thereby avoiding legal damages and costly risks.
Key topics include:
- Independent Contractors vs. Employees
- Regulatory Developments
- Exploring Gray Areas
- Potential Risks and Pitfalls
- Implications of COVID-19
- Best Compliance Practices
Doug Holthus, Partner
Mazanec, Raskin & Ryder Co., L.P.A.
- California - Recent developments (Uber, Lyft, etc.)
- Subcontracts - Enforcing Indemnity Agreements; another’s own breach of duty / negligence
- Burden of Proof - Determining extent of control
- Insurance - Subcontract agreements / contractor as additional insured
Rafael Nendel-Flores, Member
Clark Hill PLC
- Burden of Proof: Determining Extent of Control
- Factors In Determining Extent of Control
- Contractors as Additional Insured
Who Should Attend:
- Labor and Employment Lawyers
- Chief Compliance Officers
- Chief Human Resource Officers
- Human Resource Managers and Executives
- Business Owners
- General Counsel
Mr. Holthus focuses his practice in the areas of construction claims and commercial litigation, professional liability defense litigation, insurance coverage matters, civil rights and government liability, and general liability claims defense. Doug has tried, advocated and/or arbitrated nearly one hundred cases before civil juries, administrative licensing (and other) boards and arbitration panels throughout Ohio (also Illinois and California), in both state and federal court.
Doug is former Chair of the Columbus (Ohio) Bar Association’s Professionalism Committee, and a former Member of the Board of Directors of the Professional Liability Defense Federation (“PLDF”). He is also an Ohio Supreme Court appointed young lawyer mentee. Doug is an “AV Preeminent” rated by Martindale-Hubbell®, and recognized by Best Lawyers in America© 2020 & 2021 (civil rights, commercial litigation, employment law – management, insurance law) and Thomson Reuters Super Lawyers® 2017-2021.
Mr. Holthus focuses his practice in the areas of construction claims and commercial litigation, professional liability defense litigation, insurance coverage …
Rafael Nendel-Flores is a Member of Clark Hill’s Labor & Employment group. He 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, wage and hour compliance issues and the labor/employment aspects of merger/acquisition due diligence.
Rafael Nendel-Flores is a Member of Clark Hill’s Labor & Employment group. He represents employers in complex employment matters, including …
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Method of Presentation:
On-demand Webcast (CLE)
General knowledge of labor and employment laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Mazanec, Raskin & Ryder Co., L.P.A.
Founded in 1980, Mazanec, Raskin & Ryder Co., LPA (MRR) is a mid-size regional law firm with more than 25 attorneys servicing clients throughout Ohio from offices located in Cleveland and Columbus. The firm provides insurance defense, public sector law, business and commercial law, employment and labor law, workers' compensation, and general litigation services to regional and national industry leaders, organizations, and individuals. In addition, MRR counsels businesses, individuals, public entities, and insurers on a wide variety of matters including business formation, estate planning, probate, bad faith and extra contractual liability claims, labor matters and legislation, risk management, planning and zoning. The firm's promise, as it has been from the beginning, is to provide timely, cost-effective, and successful representation to their clients.
About Clark Hill PLC
Clark Hill is a multidisciplinary, international law firm that draws on our attorneys’ comprehensive industry and policy knowledge and a global network of industry advisors and subject-matter experts to provide innovative legal solutions and client-service excellence worldwide. Our work is guided by our deeply-held shared values, including practicality, entrepreneurship, mutual respect, diversity, ethical behavior and a commitment to client and community service.
One of the largest firms in the United States — with more than 650 attorneys and professionals in 25 offices, spanning the United States as well as Dublin and Mexico City, we are a committed partner to a diverse range of leading brands, forward-thinking businesses, public entities, nonprofit organizations and individuals. Our significant presence in Washington, DC, and our deep government relations and public affairs experience at every level help ensure that our clients’ voices are heard in the development of federal and state regulatory policy and legislation.