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Could Your Volunteers be Deemed Employees? Avoid Worker Misclassification

Gain a better understanding of how to correctly determine the legal status of an employee vs. volunteer.The use of nonemployees to perform services is becoming more prevalent than ever, and challenges to these relationships are growing just as rapidly. Federal and state agencies, as well as individuals themselves, are increasingly claiming that these services were really acts of employment and that the individuals are owed a minimum wage, overtime, reimbursement of expenses, employee benefits, and more. Organizations that use volunteers, unpaid interns, students, and trainees to provide services are all potentially at risk. Legal claims alleging that these individuals have been misclassified and are really employees can result in dire consequences, with penalties and fines that can pose an existential threat to an organization. Taking proactive steps now to reduce misclassification risks may involve a small amount of time and resources, but these steps can prevent substantial fines and penalties later.


Runtime: 56 minutes
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Is Worker Misclassification and Why Does It Matter?

  • What Can Happen If Your Volunteers Are Deemed Employees?
  • Defining Employee Status Under Various Laws
  • Why the Facts Matter, Not the Titles

What Is a Volunteer?

  • Department of Labor Guidance on Volunteer vs. Employee

– Nonstaff Volunteers

– Staff Volunteers

  • How Courts Evaluate Whether a Volunteer Is an Employee
  • Examples of Disputes

Unpaid Interns, Students, and Trainees

  • Department of Labor Guidance
  • How Courts Evaluate Whether These Individuals Are Really Employees
  • Examples of Disputes

Tips for Preserving Volunteer Status

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on August 8, 2017.

Call 1-866-352-9540 for further credit information.

  • AL CPE
     
  • This course is acceptable for 1.0 live credit hour(s) through the Alabama State Board of Public Accountancy.
     
  • GA CPE
     
  • This program is applicable for CPE credit. *The Georgia State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • IA CPE
     
  • This program is applicable for CPE credit. *The Iowa State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • IN CPE
     
  • This program is applicable for self study CPE credit. *The Indiana State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • KY CPE
     
  • This Ondemand program is applicable for CPE credit. *The Kentucky State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Massachusetts State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MD CPE
     
  • This course is not pre-approved for CPE credit in your state however, it is applicable. *Please check the rules and requirements in your state for compliance.
     
  • ME CPE
     
  • This Ondemand program is applicable for CPE credit. *The Maine State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MI CPE
     
  • This Ondemand program is applicable for CPE credit. *The Michigan State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MO CPE
     
  • This Ondemand program is applicable for CPE credit. *The Missouri State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • MT CPE
     
  • This Ondemand program is applicable for CPE credit.* *The Montana State Board of Accountancy has final authority on the acceptance of individual courses and providers. Please check the rules and requirements for CPE compliance and calculate the amount of credit hours you can claim for self study courses.
     
  • ND CPE
     
  • This Ondemand program is applicable for CPE credit. *The North Dakota State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • NH CPE
     
  • This Ondemand program is applicable for CPE credit. *The New Hampshire State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • NV CPE
     
  • This Ondemand program is applicable for CPE credit.*The Nevada State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • OH CPE
     
  • This Ondemand program is applicable for CPE credit. *The Ohio State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • PA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Pennsylvania State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • TX CPE 1.0
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.0 hours of continuing professional education.
     
  • VA CPE
     
  • This Ondemand program is applicable for CPE credit. *The Virginia State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     
  • WA CPE
     
  • This Ondemand program is applicable for CPE credit.* *Please check the rules and requirements in your state for compliance.
     
  • WY CPE
     
  • This Ondemand program is applicable for CPE credit. *The Wyoming State Board of Accountancy has final authority on the acceptance of individual courses and providers.
     

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • GA CLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • HI CLE 1.0
     
  • IL CLE 1.0
     
  • ME CLE 1.0
     
  • MT CLE 1.0
     
  • NJ CLE 1.2
     
  • NV CLE 1.0
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Todd Lebowitz

Todd Lebowitz

Baker & Hostetler LLP

  • Co-founder of Baker & Hostetler LLP’s Independent Contractor Misclassification Team, which focuses on protecting and defending companies against misclassification claims under federal and state law, including in the employment, tax, and benefits areas
  • Writes the blog, WhoIsMyEmployee.com, a resource dedicated to assisting companies with issues related to independent contractor misclassification and joint employment
  • Helps organizations of all sizes to evaluate and modify their practices with respect to their use of nonemployee services, drawing upon his knowledge of the complex matrix of federal and state laws that include at least a dozen different tests for evaluating whether a worker should be deemed an employee
  • Wrote 2016 white paper, Independent Contractor Misclassification: 2016 Legal Analysis
  • Nationally featured speaker on nonemployee worker misclassification issues, having presented at seminars around the country
  • Defended organizations of all sizes against misclassification claims, in court and before administrative agencies
  • Recognized in Chambers USA Guide: America’s Leading Lawyers for Business and in Super Lawyers
  • Certified by the Ohio State Bar Association as a Specialist in Labor & Employment Law
  • Serves on the Board of Directors for the Society for American Baseball Research (SABR)
  • Can be contacted at 216-861-7899, [email protected] or on Twitter® @whoismyemployee
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 400744
Published 2017
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