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Contractor or Employee? Exempt or Non-Exempt? Understanding the Distinctions When Classifying Workers

A handful of high-profile cases — and increased attention by the IRS and Department of Labor — has put worker classification in the spotlight. Now, more than ever, employers must be crystal clear on the differences between an employee and independent contractor, as well as exempt vs. non-exempt status.

In either case, misclassifying workers is a risk your business can’t afford to take. Federal and state agents are monitoring the situation more closely and cracking down with bigger fines and penalties. At the same time, wage and hour lawsuits are on the rise, with many “salaried” employees recognizing they are non-exempt in the eyes of the law — and therefore owed overtime.

Protect yourself from costly misclassification mistakes and potential legal issues. Watch this timely webinar to learn:

  • Factors that define the worker relationship, according to the IRS and Department of Labor
  • Warning signs that your contractor is actually an employee under the law
  • What determines exempt vs. non-exempt status (Hint: Job title has nothing to do with it.)
  • Steps to take if a worker is misclassified

Listen to our Q&A Podcast on this free HR webinar.

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Ashley Kaplan, Esq.
Presented by: Ashley Kaplan, Esq.,
Senior Employment Law Attorney
Federal deregulation efforts continue under the new administration. But history shows that when federal regulation slows, state and local regulatory activity increases. Nowhere is this more evident than in the area of employment law. Over the last year, many states and cities have stepped up their own legislative activity by passing a record number of new employment laws. And with each new law there is a potential poster update or new poster being issued. Depending on your state, you may now be required to post up to 21 labor law notices. And that doesn’t include local postings: more cities and counties are issuing mandatory posters than ever before.
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