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"An independent contractor, an employee, and their attorney walk into a bar..." This may sound like the beginning of a joke, but before you chuckle, ask yourself: Does your organization hire independent contractors? If so, are you confident they’re not actually employees? If you are confident, are you right? For many nonprofit organizations, this is no laughing matter.
Misclassifying employees as independent contractors can lead to government investigations and litigation, which can lead to significant fines and penalties. Federal and state agencies have made misclassification a priority, which means that nonprofits which use contractors need to make compliance a priority.
This program will help your nonprofit avoid costly mistakes, as a trio of Venable’s experienced employment lawyers review the law in this area and give you the practical advice you need to avoid misclassification errors and the resulting potential legal and tax liability. As always, the program will include plenty of opportunities for you to ask questions and inquire about challenges specific to your organization.
The program will cover:
- The factors used by government agencies and courts to distinguish between employees and independent contractors;
- Common classification pitfalls and problems facing nonprofits;
- Safeguards to use when you are working with an independent contractor;
- How to best use and structure written independent contractor agreements to protect your organization;
- Best practices and policies to put in place to protect yourself in the event of an audit or investigation;
- How to correct a misclassification error;
- Troubleshooting insights into enforcement and the potential consequences of misclassification;
- The interplay between misclassifying independent contractors and the joint-employer doctrine; and
- Dos and don'ts for working with independent contractors
12:00 p.m. - 12:30 p.m. ET - Networking Luncheon
12:30 p.m. - 2:00 p.m. ET - Program/Video Webinar
Douglas B. Mishkin, Esq., Partner, Labor and Employment Practice, Venable LLP
Nicholas M. Reiter, Esq., Counsel, Labor and Employment Practice, Venable LLP
Karel Mazanec, Esq., Associate, Labor and Employment Practice, Venable LLP