Independent Contractor – The Legal Framework and Why It Matters

Plenty of businesses use independent contractors instead of hiring their own employees. This may be because of the need for a specialized skill set, cost, staffing, or other reasons. But using independent contractors - or workers a company thinks are independent contractors - can raise a host of legal issues. The biggest one is misclassification, where a company thinks it has a contractor arrangement but the worker is actually considered the company's employee under the law. This can result in a slew of liabilities for the company, including unpaid overtime and benefits, not to mention scrutiny from government agencies.

In light of these concerns and upcoming changes to the law, Ms. Staple will discuss:

• The various legal tests for independent contractor status

• Upcoming changes to the law

• The practical pros and cons of using independent contractors

• Tips for drafting independent contractor agreements

This course will benefit labor and employment attorneys, attorneys whose clients or companies utilize independent contractors, and business owners and managers who want a better understanding of the legal issues that may arise with their company's use of independent contractors.

Learning Objectives:

1. Identify why properly classifying independent contractors is important
2. List reasons a business would want to use independent contractors
3. Describe the different legal tests for independent contractor status
4. State the different components to include in an independent contractor agreement
5. Increase awareness of potential future changes to independent contractor law