8:00am to 9:00am
Presenter: Heidi Hartman – Eastman and Smith
Bio: Heidi Hartman
Heidi N. Hartman is an attorney with the law firm Eastman & Smith, concentrating her practice in the areas of employment law, labor law and related litigation. She has represented large and small employers in a variety of industries — including automotive, education, manufacturing and health care — in a wide assortment of employment matters and disputes. Ms. Hartman counsels employers to resolve situations with their employees and regularly defends employers in litigation if charges are filed in administrative agencies, such as US Department of Labor’s Wage and Hour Division, Equal Employment Opportunity Commission, Ohio Civil Rights Commission, and National Labor Relations Board.
Name: Independent Contractors – Classify at your Own Risk
Description: Classifying a worker as an independent contractor is a tempting proposition. You are not required to pay independent contractors the minimum wage or overtime and can reduce payroll taxes. However, are the workers you designate as independent contractors actually employees in the eyes of the law? The independent contractor standard has had dramatic changes in the last few years, making it much more difficult to classify workers as independent contractors and implementing harsh penalties against those employers who improperly classify employees.
This is a presentation to provide training on classifying workers as independent contractors or employees. The presentation describes the benefits and risks of using independent contractors. It also addresses considerations applicable for properly classifying an individual as an independent contractor under (1) the federal Fair Labor Standards Act (FLSA), pursuant to which courts and the U.S. Department of Labor (DOL) apply an economic realities test; (2) the IRS common law control test; and (3) the ABC test, which several states use in the unemployment and wage and hour contexts, among others. Additionally, this presentation will cover key strategies to help employers minimize the risk of subcontracting work, such as tips for appropriately documenting and managing a subcontractor relationship.