Misclassification Issues

September 8, 2010
Teleconference and Live Audio Webcast

The Employee Misclassification Prevention Act (H.R. 5107, S. 3254) ("EMPA") is Congress' latest attempt to limit employers' use of independent contractors. EMPA would amend the Fair Labor Standards Act ("FLSA") by requiring employers to provide non-employee workers a "notice" that states: "Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor."

This program will review the standards used by the Department of Labor to determine if an independent contractor relationship exists. It will examine workers in all kinds of fields whose status as an independent contractor has been challenged. This includes delivery drivers, cable installers, and adult entertainers.

Our expert faculty will also address the application of certain exemptions which have been heavily litigated including: assistant managers, pharmaceutical salespersons, and financial services managers.

Larry Peikes, Partner, Wiggin and Dana

Part of the four-program Wage and Hour Litigation… the Beat Goes On Series.  Event code:  CET0WHLCET

CLE Credit

1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.

The following states accept ABA teleconferences for CLE credit:
AL, AK, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV, WY.

*States currently not accrediting ABA teleconferences: DE, IN, PA, KS, OH

Click here to view a map of MCLE states