HR Update: Independent Contractor Compliance

Independent contractor rules are about to change—again.

In this 75-minute interactive online training, you will learn how to:

Classify with confidence.
No bright-line definition of “independent contractor” exists and mistakes can be disastrous for your company and career.
Make sense of new federal and state law changes.
The back-and-forth independent contractor guidelines are being rewritten, again. What are the current rules and what might change later this year?
Understand how these issues are being resolved in the courts
and what makes the difference in correctly classifying a worker as a contractor.

Now’s the time to make sure you’re classifying your employees and independent contractors correctly.

If you classify any workers as “independent contractors” or have plans to do so, it’s crucial to get those classifications correct in 2023. Recent government actions have added new complexity and confusion to the “contractor or employee” decision. And the financial (and career) stakes also have increased.

What’s new? The federal government’s definition keeps changing. Trump’s DOL made it simpler and more attractive for employers to use independent contractors. The Biden administration tried to block those new rules, but then a federal court stepped in, ordering the rules effective. Now the DOL has issued updated proposed rules that reverse the reversal. All this leaves businesses confused about when they can classify a worker as a contractor.

At the same time, you’re facing new enforcement risks and penalties. The IRS and DOL continue to come down hard on misclassification ($5.3 million and $7.2 million rulings last year alone). But the National Labor Relations Board wants to add another layer of pain by saying any misclassification is an “unfair labor practice” that triggers labor law violations.

What to do? Contractor status has exploded in recent years and it can save you big on taxes and benefits. Get those classifications right by attending this timely webinar led by two experts on the topic.

Agenda for HR Update: Independent Contractor Compliance

How to create independent contractor relationships that comply with current IRS, DOL, NLRB, and state agency requirements.
How to make the case-by-case determination of an employee’s status that will stand up in court.
What is the DOL’s current definition of a contractor, and what changes are coming?
The pros and cons of contractor status (same work, lower costs, fewer hassles) and the risks (reclassifications leading to huge tax, wage, and benefit payments).
COVID and vaccine developments affecting independent contractors, and how to respond.
Why the feds are increasing enforcement, what they're looking for, and how you can stay in compliance.
What to expect later this year from the federal government and the states on this issue.
The key factors the DOL and IRS consider (and you should, too) in making classification decisions.
Important court cases that help draw a brighter line between contractors and employees.

Interactive Q&A time included

Get answers to your specific contractor questions during our special Q&A session.

Jennifer Trulock is a partner at Baker Botts in Dallas, where she is chair of the firm’s Labor and Employment Practice Group. Jennifer graduated from Georgetown University Law Center and she represents management in all aspects of labor and employment law. Jennifer also counsels and trains employers on managing workplace issues and preventing employment lawsuits.

Jennifer Trulock Baker Botts

Richard Brann is former chair of the labor and employment law practice at Baker Botts LLP in Houston, where he specialized in representing management in all aspects of labor and employment law. Mr. Brann is the past chair of the Labor and Employment Law Section of the Houston Bar Association and is a fellow in the College of Labor and Employment Lawyers.

Richard Brann employment law attorney

Professional Certification Credit Hours Included With This Webinar

Business Management Daily is recognized by SHRM to offer Professional Development Credits (PDC) for SHRM-CP® or SHRM-SCP® recertification activities.

The use of this official seal confirms that this Activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

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Using Independent Contractors

Everyone who signs up will receive Using Independent Contractors at no cost or obligation. This helpful tool offers step-by-step instructions on how to comply with IRS requirements without compromising your ability to make cost-effective hiring decisions.

4 free issues of The HR Weekly

You'll also receive one month of exclusive access to The HR Weekly – our comprehensive service with all the HR advice and compliance tools to simplify your job … and to keep your organization out of court. So that you continue to benefit from The HR Weekly, we will continue your subscription after that for the then current rate, unless you tell us "no, thanks" – your choice.

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