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.”

This 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 those 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.

Teleconference conducted by John Fox, Esq. , and Jay Wang, Esq., Fox, Wang & Morgan, P.C., San Jose, California.

HOW WILL WE RECEIVE THE WRITTEN PROGRAM MATERIALS?

Once your order is received and paid, you will be able to download a PDF attachment from us containing in-depth program materials after the teleconference has been conducted.

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