This session will provide an overview of the recent enforcement efforts in the areas of contract and contingent workers and independent contractor classifications, and will also cover the risks associated with class action claims. Attorneys from McNees Wallace & Nurick LLC's Labor and Employment Group
will explain how internal auditing in these areas and other areas can significantly reduce your organization's exposure to fines, penalties, and costly litigation.
Recently, identical bills were proposed in the United States House of Representatives and Senate to eliminate the so-called “safe harbor” in the federal tax code that protects businesses that have misclassified employees as independent contractors and, thus, have avoided paying payroll taxes, unemployment insurance, workers’ compensation premiums and other costs. These bills mark the second time in 18 months that such legislation has been put forward. Enforcements efforts are also underway at the federal agency level where the Internal Revenue Service and the Department of Labor have teamed up to investigate potential worker misclassification. In addition, large wage and hour class action lawsuits continue to make headlines.
These trends are making more employers targets for costly enforcement actions and lawsuits. As a result, now more than ever, employers must assess their employee classification and wage and hour practices. During this session, McNees Attorneys Eric N. Athey
, Adam R. Long
and Adam L. Santucci
will discuss how an internal audit will help employers identify high risk areas of concern and prioritize those areas to be addressed. There will also be a discussion of best practices for reducing and eliminating liability.