Independent Contractor Misclassification Litigation: Demystifying Tools and Tactics

The flexible work arrangement has become a norm in the post-pandemic time, presenting hurdles among company decision-makers when it comes to employee classification. Misclassifying an employee as an independent contractor can pose legal risks to employers including liability claims related to employment taxes, interest, and penalties.
While the Fair Labor Standards Act (FLSA) holds established factors in determining employee status, the Internal Revenue Service (IRS) also uses its standards for evaluation with an emphasis on behavioral, financial, and relational details. Thus, stiffer fines and criminal penalties await employers who committed fraudulent or intentional misclassification. These developments underscore the need for company executives to be well-versed in the different factors or legal standards in classifying workers to mitigate misclassification liabilities and other legal risks.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they provide a comprehensive discussion of the existing regulations, emerging developments, and notable cases involving independent contractor misclassification. Speakers will also offer practical tips and compliance strategies to mitigate potential risks in this evolving legal landscape.

Live and Recorded CLE & CPE Webcasts in the Legal, Tax, Finance, Risk, Compliance and Human Resources Industries
Founded in November 2006, The Knowledge Group has established itself as a premier eLearning hub for Continuing Legal Education (CLE), Continuing Professional Education (CPE), and technology-focused webcasts. We equip lawyers, accountants, and industry professionals with expert-driven insights, timely regulatory updates, and practical strategies to help them stay ahead in an ever-evolving landscape.

Of Counsel Fineman Krekstein & Harris P.C.
Barry A. Furman is Of Counsel to Fineman Krekstein & Harris, P.C., with over 30 years’ experience representing a wide range of business clients in corporate, taxation, healthcare, employment, and real estate law, estate planning and administration. Prior to entering private practice, Barry served as law clerk to a United States Judge and was Senior Trial Attorney with the Chief Counsel’s Office, IRS. The Chief Counsel awarded several merit awards to Barry and he has received an esteem rating in competence and ethics by his peers. Barry has vast experience advising clients on the pros and cons of engaging independent contractors and avoiding misclassification.

Partner Hanson Bridgett LLP
Bill Taylor maintains both a transactional and litigation business practice and represents all types of business ventures, both publicly and privately owned. Bill has significant experience in all aspects of the transportation industry nationally and globally. He is well-versed in all areas of domestic and international logistics law and policy. He regularly consults with clients regarding co-employer claims related to independent contractor relations including restructuring and/or creating operating entities within the so-called “Broker Model.” Bill is the head of Hanson Bridgett’s Transportation and Logistics Practice Group and, among other accolades, serves as an appointed member of the Editorial Board for Transportation Law 360.

Shareholder at Greenberg Traurig, LLP
Jon’s record in his labor and employment practice, which spans virtually every aspect of the engagement, protection, management and reward of workforce resources, has earned him a spot in Lawdragon’s Hall of Fame of American Labor and Employment Lawyers, recognition by Lawdragon as one of the Nation’s Top 20 Lawyers in Traditional Labor Law, shortlisting by Benchmark Litigation as one of the Top 5 Employment Litigators for Management East of the Mississippi, Lawdragon’s naming him one of the Nation’s Most Powerful Employment Lawyers, repeated listings in Chambers, Best Lawyers, Super Lawyers and The Legal 500, plus designation as a Benchmark Litigation Labor and Employment Star.