Various legal tests are used to evaluate whether a worker should be classified as an employee or an independent contractor. There is no uniform standard or bright-line rule for determining whether an individual is properly classified as an independent contractor. Instead, the inquiry is always fact-intensive, and the analysis can vary based what body is performing it, i.e. the Internal Revenue Service (“IRS”), Department of Labor (“DOL”), various state agencies, or the courts. This presentation will review the various tests and highlight some of the common, most important factors for consideration.
|Important CE Recertification Credit Information (0.46 MB)||Available after Purchase|
|Are Those Independent Contractors Really Independent Contractors? Handout (730.1 KB)||Available after Purchase|
Alana advises employers on minimizing risk, protecting their businesses, and navigating the multitude of state and federal laws governing the employer-employee relationship. She works with companies across all types of industries, including retail, hospitality and technology, and organizations that often have workforces distributed across the country. In recent years, she has developed a niche helping international businesses, with headquarters in jurisdictions as diverse as Australia and India, expand into U.S. markets.
Whether managing regulatory compliance issues for a startup or growing business, helping an employer with a risky termination or navigating a whistleblower action, Alana adeptly balances legal exposure and business priorities across the employment law spectrum. She prepares employment, confidentiality and noncompetition agreements; employee handbooks; and other policies that reduce legal exposure. Alana uses her vast trial experience to help companies avoid mistakes that often lead to litigation. She also prepares injury benefit plans for employers who choose to opt out of workers compensation in Texas and manages the plan rollout for companies that go nonsubscriber.
Group Internet Based