z

Employment Law Editionpresented by Kailee Goold

z

Independent Contractor Employee

Exempt Non-Exempt

z

Myth Our independent contractors are really

independent contractors

z

Risks of Misclassification

Employment Taxes

Wage + Hour Liability Benefits

Workers’ Comp

Health Care

z

CONTROLWhat’s the Difference?

z

Relationship of Parties Control

Behavioral Financial

Behavioral Control

Right to control work?

Training or instruction?

Supervising?

Same work as employees?

Where work done?

Who sets the hours?

Financial Control

How paid?

Investment by worker?

Receive benefits?

Ability to profit or loss?

Expenses paid?

Relationship of Parties

Working for other companies?

Length or term?

Limits on termination?

Degree of business integration?

z

Reduce Risk of Misclassification

+ Before work begins+ Structure like a business relationship

+ Payment terms+ Taxes+ Termination

Self-Audit

Contracts with ICs

z

Independent Contractor Employee

Exempt Non-Exempt

z

Myth She is salaried

so she doesn’t get overtime

z

Wage + Hour Laws

Non-exemptMinimum

Wage

Overtime

Exempt

Salary ≠ Exempt

Salary Test

Duties Test

Exempt

z

Salary Test

$455/week

Duties Test

Executive

Administrative

Professional

Computer Professional

Exempt if…

z

Connect +Stay Informed

Kailee GooldKegler Brown Hill + Ritterkgoold@keglerbrown.comkeglerbrown.com/goold614.462.5479

@KaileeGoold

linkedin.com/in/kaileegoold