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ForwardSeries - Ring the Alarm: Avoiding The Legal Perils of Employee Misclassification
Access the on-demand series here.
Registrants will receive a Independent Contractor Agreement template.
Independent contractor or employee? Exempt or non-exempt? How are unpaid interns and volunteers classified? What are the possible legal consequences for making a classification error? What steps should my organization take to limit the potential liability that may arise from employee misclassification?
In light of increasing government scrutiny and a surge in classification lawsuits, employers can ill-afford to risk the consequences of failing to properly classify their workers. Indeed, whether under the Fair Labor Standards Act (FLSA) or state regulations, the penalties – even if inadvertent – are severe including, but not limited to, fines (from the Department of Labor, Internal Revenue Service, or a state agency), back payments, criminal penalties and punitive damages. Even corporate officers and supervisors may be held personally liable for misclassifying employees.
This training will help organizations understand their compliance obligations under the FLSA and learn how to avoid costly misclassifications errors. In this webinar, FTLF will walk you through the key distinctions between an independent contractor, exempt employee, non-exempt employee and an unpaid intern/volunteer. We will discuss how you can proactively limit your organization’s liability by managing and rectifying misclassifications. And, we will explore best practices for avoiding common misclassification pitfalls and how to incorporate those strategies into your organization’s policies and processes.
Target Audience
- C-Suite: CEOs, CFOs, CMOs, COOs, and CCOs
- Directors, Supervisors, Middle Managers, and Team Leaders
- Human Resources Professionals
- Risk Managers
- In-House Legal Counsel
Learning Objectives
After this series, you will be able to:
- Know the factors relied upon by federal courts and agencies in determining whether a worker should be classified as an independent contractor, exempt employee or non-exempt employee
- Understand your organization’s compliance obligations under the Fair Labor Standards Act (FLSA) when it comes to employee classifications and the potential repercussions for misclassifications
- Determine whether an intern or a volunteer is classified as an employee under the FLSA and, if so, what obligations are triggered by that determination
- Recognize the pitfalls in your organization’s current wage and hour policies and how to remedy deficiencies in those policies
- Know how to structure Independent Contractor Agreements to properly classify and manage your organization’s arrangements with independent contractors
- Formulate effective strategies to mitigate liability in the event of an agency audit or investigation
| Title | Date & Time (ET) | Duration |
|---|---|---|
| Part I: Ring the Alarm: Avoiding The Legal Perils of Employee Misclassification | 4/12/22 1 pm ET | 60 min |
| Part II: Ring the Alarm: Avoiding The Legal Perils of Employee Misclassification | 4/13/22 1 pm ET | 60 min |
H. Scott Johnson Jr.
As of September 2023, H. Scott Johnson is no longer with the firm.
H. Scott Johnson Jr. is Senior Counsel with the firm in the Employment Law, Government Contracts, Litigation, Federal Grants, and Health Care practice groups. Scott maintains an active practice advising business and institutional clients on employment matters, commercial agreements, government contracts, and risk management. In addition to his corporate practice, Scott is also well-regarded for his employment and complex civil litigation practice. His complex civil litigation experience includes representing businesses in a wide variety of contract disputes and business torts including tortious interference, breach of fiduciary duty, civil conspiracy, defamation, fraud, and misappropriation of trade secrets.
Participants can earn up to 1.20 CPE credits in Specialized Knowledge and Applications per webinar upon completion of all course requirements.
ATTENDEE REQUIREMENTS FOR CPE CREDIT
If you purchase CPE credit for this webinar you must satisfy the following conditions in order to receive your certificate:
- Answer at least 3 of the 5 polling questions during each webinar
- Complete the evaluation survey after the conclusion of the webinar or in the follow-up email
Upon completion of these requirements, FTLF will email you your CPE Certificate within two (2) weeks.
ADDITIONAL INFORMATION
- Prerequisites: None
- Target Audience: C-Suite: CEOs, CFOs, CMOs, COOs, and CCOs; Directors, Supervisors, Middle Managers, and Team Leaders; Human Resources Professionals; Risk Managers; In-House Legal Counsel
- Advanced Preparation: None
- Program Level: All
- Delivery Method: Group Internet Based
- Attendance Requirements: In order to be awarded the full credits, you must respond to three (3) out of five (5) polling questions per webinar.
Feldesman Tucker Leifer Fidell LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website www.nasbaregistry.org (formerly www.learningmarket.org).
Price
Access to the recorded version of this webinar series is included in your purchase.
WEBINAR ACCESS
The webinars in this course are only available for purchase as an entire webinar series. The recorded version of each webinar will be available in your account within seven (7) business days of each session and you will have access to the recordings for 180 days after the conclusion of the series. Once posted to your account, you can view each webinar anytime on-demand during the access period identified in your purchase confirmation. For additional information on viewing and accessing webinars, view our full terms and conditions here.
PAYMENT POLICY
All registrations made the day of a live webinar must be completed using a credit card or PayPal. We do not accept check payments or purchase orders for live webinars on the day of the webinar. If you wish to pay by check, please register in enough time for your check to reach our office; we must receive your check before we grant access to the webinar. If we receive your check after the live webinar, we will grant you access to the recorded webinar. For the most current information, please visit our FAQ page.
REFUNDS/ CANCELLATIONS
For orders of live webinars, FTLF will issue a full refund for cancellations requested at least one week PRIOR to the live webinar. We do not provide refunds for no-shows; however, you will have access to the recorded version of the webinar. If you ordered the wrong webinar and need to transfer your registration to a different program, please Contact Us. View our full policy on refunds and cancellations on our FAQ page.
Required Hardware/Software
Google Chrome and Mozilla Firefox are the preferred browsers.