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Independent Contractor Misclassification Litigation: Demystifying Tools and Tactics


Level: Intermediate
Runtime: 86 minutes
Recorded Date: January 27, 2022
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Agenda

Key topics include:
  • Independent Contractor Misclassification: Challenges and Pitfalls
  • Determining Employee Status: Demystifying the IRS Factors
  • Practical Tips and Strategies
  • Notable and Latest Cases and Legislative Developments
  • What Lies Ahead?
Runtime: 1 hour, 26 minutes
Recorded: January 27, 2022

For NY - Difficulty Level: For both newly admitted & experienced attorneys

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

The flexible work arrangement has become a norm in the post-pandemic time, presenting hurdles among company decision-makers when it comes to employee classification. Misclassifying an employee as an independent contractor can pose legal risks to employers including liability claims related to employment taxes, interest, and penalties.

While the Fair Labor Standards Act (FLSA) holds established factors in determining employee status, the Internal Revenue Service (IRS) also uses its standards for evaluation with an emphasis on the behavioral, financial, and relational details. Thus, stiffer fines and criminal penalties await employers who committed fraudulent or intentional misclassification. These developments underscore the need for company executives to be well-versed with the different factors or legal standards in classifying workers to mitigate misclassification liabilities and other legal risks.

Join a panel of key thought leaders and professionals as they provide a comprehensive discussion of the existing regulations, emerging developments, and notable cases involving independent contractor misclassification. Speakers will also offer practical tips and compliance strategies to mitigate potential risks in this evolving legal landscape.

This program was recorded on January 27th, 2022.

Provided By

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Panelists

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Jonathan L. Sulds

Shareholder
Greenberg Traurig, LLP

Jon’s record of consistently achieving client objectives in his labor and employment practice has earned him a spot in Lawdragon’s Hall of Fame, designation as a Benchmark Litigation Labor & Employment Star, and repeated listings in Chambers, Best Lawyers, Super Lawyers, and The Legal 500. In the independent contractor/worker misclassification realm, his notable published victories include Hertz v. C’mmr of Labor, 2 N.Y. 3d 733(unemployment), Montesano v. Xerox, etc., 265 F.3d. 86 (ERISA), and Davenport v. Harry N. Abrams, 249 F.3d 130 (ERISA). A cum laude graduate of Harvard Law School, Jon is a shareholder at Greenberg Traurig LLP; from 2010-2018, Jon co-chaired the firm’s Global Labor and Employment Practice which was twice named a Law360 Group of the year during his tenure.

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William D. Taylor

Partner
Hanson Bridgett LLP

Bill Taylor maintains both a transactional and litigation business practice and represents all types of business ventures, both publicly and privately owned.  Bill has significant experience in all aspects of the transportation industry nationally and globally. He is well-versed in all areas of domestic and international logistics law and policy. He regularly consults with clients regarding co-employer claims related to independent contractor relations including restructuring and/or creating operating entities within the so-called “Broker Model.” Bill is the head of Hanson Bridgett’s Transportation and Logistics Practice Group and, among other accolades, serves as an appointed member of the Editorial Board for Transportation Law 360.

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Barry A. Furman

Of Counsel
Fineman Krekstein & Harris P.C.

Barry A. Furman is Of Counsel to Fineman Krekstein & Harris, P.C., a Mid-Atlantic law firm located in Philadelphia, Pennsylvania. Prior to entering private practice, Barry served as law clerk to a United States District Court Judge. He followed his clerkship with six (6) years at the Chief Counsel’s Office of the IRS, Department of the Treasury, where he was a Senior Trial Attorney. While at the Chief Counsel’s Office, he frequently advised the Commissioner of Internal Revenue on high profile, sensitive matters. This experience gave Barry a unique insider’s knowledge of IRS controversy practice and procedure.

The Chief Counsel awarded several merit awards to Barry. Barry followed his IRS experience with private practice, representing a wide range of business clients in taxation, estate planning and administration, and corporate, healthcare, employment and real estate law for nearly forty years. Barry advises clients on a broad range of business matters and tax consequences, and he continues to handle tax controversy matters, including tax litigation. His peers have repeatedly given him an esteem rating in competence and ethics. Barry has been a frequent lecturer and has written many articles for attorneys and lay persons.


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