Audio only, June 3, 2010
Audio only, June 10, 2010
Reduce liability for costly employer Independent Contractor and Wage & Hour classification mistakes - a live, interactive 2 1/2 hour teleconference.
- Employees vs. Independent Contractors
- Exempt vs. Non-Exempt
Thursday, June 3, 2010
Thursday, June 10, 2010
- 1:00 PM - 3:30 PM (Eastern)
- 12:00 NOON - 2:30 PM (Central)
- 11:00 AM - 1:30 PM (Mountain)
- 10:00 AM - 12:30 PM (Pacific)
The Obama Administration is pressuring employers to properly determine which “workers” are “employees” and which are “Independent Contractors,” and plaintiff's lawyers have recently followed suit with numerous highly celebrated class-actions alleging employer misclassification of “Independent Contractors.”
At the same time, the Administration is also poised to rigorously enforce the federal Fair Labor Standards Act by cracking down on inappropriate “exemptions” from overtime.
This Teleconference will examine the federal government's renewed focus on, as well as the spike in class action lawsuits aimed at, the misclassification of “employees” as "Independent Contractors” and non-exempt employees as “exempt.”
Our discussion will canvass not only the four different public policy reasons underlying case law decisions finding workers to be either “Independent Contractors” or “employees,” but will also examine how various states have applied these policies to determine who is and who is not an “employee.” We will discuss how these varying policies may cause a worker, as a matter of law, to be an “employee” for the purpose of one statute and simultaneously an “Independent Contractor” for purposes of another, at the same point in time. And we will provide practical advice about the latest developments to establish, maintain and defend contractor status and reduce legal risk amid shifting litigation trends, and the financial consequences for failing to properly classify workers as "employees."
As to which employees are properly classified as “exempt,” we will focus our attention on the three “hot” exemptions which have recently become the focus of hundreds of new lawsuits and represent the latest “wave” of wage-hour class actions: (a) the outside sales exemption; (b) the computer professional exemption; and (c) the retail sales exemption. We will offer practice pointers on how to determine the applicability of these exemptions, and how to generate and preserve evidence necessary to protect exempt status determinations in litigation.
Faculty: John C. Fox, Esq., is the President and founder of Fox, Wang & Morgan, P.C., in San Jose, California. Mr. Fox leads large and complex litigation matters in state and federal courts, in cases involving trade secrets, wage-hour and discrimination class actions, wrongful termination, corporate investigations, and the use of statistics in employment matters. Mr. Fox will be joined by his partner, Jay Wang.
For more information on Mr. Fox, please click here.
HOW DO TELECONFERENCES WORK? Teleconferences are cost-effective and convenient. You participate in the entire conference from your office using a regular telephone and your access code. Plus, for one fee you can have as many people participate as you can fit around a speakerphone, but only the registrant will receive CLE credit from NELI. This teleconference will run for approximately 2 hours with a 30 minute Q&A following. During the speaker presentation portion of the conference, registrants are in a "listen-only" mode. After the presentation portion is concluded, the phones are "opened up" for an interactive Q&A session, with conference attendees queuing up to ask questions of the presenters. Questions can also be submitted via email at any time during the conference to be responded to during the Q&A session.
HOW WILL WE RECEIVE THE PROGRAM MATERIALS? Within three business days of the program you will receive an email from NELI with the toll-free phone number, access code and link to a PDF attachment containing in-depth program materials. You will want to print out the material prior to the teleconference. If you do not receive the email within two (2) days of the teleconference, please contact NELI.
CLE AND OTHER CONTINUING EDUCATION CREDIT: NELI's programs are routinely approved for credit in all jurisdictions with such requirements and we expect this program to receive full accreditation provided that the jurisdiction approves teleconferences. (Kansas and Ohio do not approve programs of this kind.) Registrants may be required to file for credit on their own behalf in some jurisdictions. We will provide all necessary forms and proof of attendance. Educational credit will be given to registered participants only.
If you have questions regarding your state, please contact NELI.
Thursday, June 3, 2010
Thursday, June 10, 2010
- 1:00 PM - 3:30 PM (Eastern)
- 12:00 NOON - 2:30 PM (Central)
- 11:00 AM - 1:30 PM (Mountain)
- 10:00 AM - 12:30 PM (Pacific)
Registration Fee: $279.00 - Educational (CLE) credit will be issued for registered participants ONLY.
Prepayment is required to receive your access code. If you can not provide a credit card, please email or call and we may be able to invoice you.