mythbusters: employment law edition

17
z Employment Law Edition presented by Kailee Goold

Upload: kegler-brown-hill-ritter

Post on 06-Aug-2015

40 views

Category:

Law


0 download

TRANSCRIPT

Page 1: Mythbusters: Employment Law Edition

z

Employment Law Editionpresented by Kailee Goold

Page 2: Mythbusters: Employment Law Edition

z

Independent Contractor Employee

Exempt Non-Exempt

Page 3: Mythbusters: Employment Law Edition

z

Myth Our independent contractors are really

independent contractors

Page 4: Mythbusters: Employment Law Edition

z

Risks of Misclassification

Employment Taxes

Wage + Hour Liability Benefits

Workers’ Comp

Health Care

Page 5: Mythbusters: Employment Law Edition

z

CONTROLWhat’s the Difference?

Page 6: Mythbusters: Employment Law Edition

z

Relationship of Parties Control

Behavioral Financial

Page 7: Mythbusters: Employment Law Edition

Behavioral Control

Right to control work?

Training or instruction?

Supervising?

Same work as employees?

Where work done?

Who sets the hours?

Page 8: Mythbusters: Employment Law Edition

Financial Control

How paid?

Investment by worker?

Receive benefits?

Ability to profit or loss?

Expenses paid?

Page 9: Mythbusters: Employment Law Edition

Relationship of Parties

Working for other companies?

Length or term?

Limits on termination?

Degree of business integration?

Page 10: Mythbusters: Employment Law Edition

z

Reduce Risk of Misclassification

+ Before work begins+ Structure like a business relationship

+ Payment terms+ Taxes+ Termination

Self-Audit

Contracts with ICs

Page 11: Mythbusters: Employment Law Edition

z

Independent Contractor Employee

Exempt Non-Exempt

Page 12: Mythbusters: Employment Law Edition

z

Myth She is salaried

so she doesn’t get overtime

Page 13: Mythbusters: Employment Law Edition

z

Wage + Hour Laws

Non-exemptMinimum

Wage

Overtime

Exempt

Page 14: Mythbusters: Employment Law Edition

Salary ≠ Exempt

Page 15: Mythbusters: Employment Law Edition

Salary Test

Duties Test

Exempt

Page 16: Mythbusters: Employment Law Edition

z

Salary Test

$455/week

Duties Test

Executive

Administrative

Professional

Computer Professional

Exempt if…

Page 17: Mythbusters: Employment Law Edition

z

Connect +Stay Informed

Kailee GooldKegler Brown Hill + [email protected]/goold614.462.5479

@KaileeGoold

linkedin.com/in/kaileegoold