Avoid lawsuits and learn how to navigate the complex rules of the Fair Labor Standards Act.
The misclassification of a worker as an independent contractor is one of the most common mistakes employers make (second only to misclassifying an employee as exempt). An employer typically will learn of a claim of misclassification from a third party: current/former employee; an attorney for a current/former employee; the Internal Revenue Service; a state unemployment office; to name a few. A response to such a claim will result in a significant outlay of time and money. When there is one misclassification found in the workplace, typically, there will be more.
This presentation will introduce you to the federal law that deals with the classification of workers and payment of wages and hours worked. The course will provide you with the tools needed to understand the difference between an independent contractor and a common-law employee and what is needed to establish a true independent contractor relationship. You will also be provided methods of evaluating a misclassification and the tools needed to correct and eliminate and/or reduce the liability to the employer for the misclassification of workers as independent contractors.
Agenda
Faculty
Michael Latimer
Law Office of Michael R. Latimer
- Partner in the office of Latimer Law, PLLC, San Antonio, Texas
- Practices in the areas of risk management, defense of Title VII, Americans with Disabilities Act, Family Medical Leave Act, and Fair Labor Standards Act, including collective/class actions litigation
- Conducts regular seminars and workshops on numerous employment-related topics and risk management
- Authored Deskbook on Employment/Labor Law and numerous papers/articles on employment law
- Member of the Federal Bar Association, Texas Bar Association, 5th Circuit Court of Appeals, and Western, Eastern, Northern Federal District Courts
- Education: State University of New York, Albany; St. Mary’s School of Law; University of Texas, Austin, School of Law
- Can be contacted at [email protected], 210-527-0900, or mlatimerlaw.com
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