Independent Contractor Classification: Regulatory Updates; Drafting Agreements to Mitigate Client Risk
Recently Revised NLRB and DOL Standards, Differing Federal Definitions, Stringent State Laws
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare employment counsel to structure independent contractor agreements that help minimize exposure to misclassification claims. The panel will unravel the complicated legal framework with differing and overlapping federal law definitions for independent contractors versus employees. The panel will also discuss litigation updates and developments in federal, state, and local laws impacting the drafting of independent contractor agreements, and offer counsel best practices for drafting agreements to mitigate risk.
Outline
- Legal framework and recent regulatory developments
- IRS
- DOL
- EEOC
- NLRB
- State/local law considerations
- New York State's Freelance Isn't Free Act
- Independent contractor agreements
- Inherent limitations
- Key provisions to include
- Provisions to avoid
- Optional provisions
- Practitioner takeaways
Benefits
The panel will review these and other key issues:
- What are the differences in the key definitions pursuant to IRS, DOL, and EEOC guidelines that must be incorporated into an independent contractor agreement?
- What federal and state/local regulations should counsel consider before drafting an agreement?
- What provisions should employment counsel be sure to include in an independent contractor agreement?
- What provisions in agreements have been shown to contradict proving independent contractor status?
Faculty
John S. Ho
Co-Chair, OSHA-Workplace Safety Practice
Cozen O'Connor
Mr. Ho exclusively represents employers on all labor and employment matters and regularly handles wage and hour matters... | Read More
Mr. Ho exclusively represents employers on all labor and employment matters and regularly handles wage and hour matters involving federal and state laws, such as the Fair Labor Standards Act, the New York Labor Law, New York’s Miscellaneous Industries Wage Order, and New York’s Hospitality Wage Order. He also routinely works with OSHA, in addition to handling discrimination claims, ADA public accommodation cases, drafting employee handbook policies and procedures and employment contracts, conducting workplace investigations, and arbitrations. Mr. Ho has defended a wide range of employers against hybrid class and collective actions under the FLSA and the New York Labor Law. He also frequently assists companies with internal wage and hour audits, as well as Department of Labor audits, including those generated by misclassification of independent contractors in New York State unemployment filings. Mr. Ho is a former prosecutor with the U.S. Department of Labor, Office of the Solicitor and is a founding member of the Wage and Hour Defense Institute.
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C. Edward Langhammer, Jr.
Member
Cozen O'Connor
Mr. Langhammer has over 35 years’ experience representing clients in all aspects of employment law and related... | Read More
Mr. Langhammer has over 35 years’ experience representing clients in all aspects of employment law and related litigation, including wage and hour class actions, Private Attorneys General Act (PAGA) claims, Fair Credit Reporting Act (FCRA) claims, and suits involving wrongful termination, discrimination, harassment, and retaliation, breach of contract and unfair business practices, and misappropriation of company trade secrets and proprietary information. He also counsels clients on a wide range of employment law matters, conducts wage and hour compliance audits and reviews, drafts employment policies and procedures, and provides human resources training. Ed represents corporate and business organizations, as well as nonprofit and charitable entities.
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