Employee Misclassification

Mike Blum will explore the always evolving dilemma of misclassification and what constitutes an employee or an independent contractor. Due to the significant potential liability, being proactive about correctly classifying your employees is crucial. Mike will look at classification on the federal vs. state level and the status of new tests proposed or implemented by various agencies, including the:

• IRS common law test,
• DOL’s ABC test,
• NLRB’s new independent contractor standard, and
• Consequences of misclassification under the workers’ compensation law.

Mike will also discuss the implications that improper classification has on Gig workers, which includes independently employed or subcontract workers and staff agency employees.