Understanding Worker Classification Crash Course

How to distinguish employees from independent contractors.

What you'll learn
Learn common factors used to test whether a worker is an employee or independent contractor
Apply common factors to their personal business situation
Use Self-Assessment Tools to identify business practice that may adjustment so workers can be properly classified as independent contractors
Keep organized records of your contractors' classifications
Requirements
Students will need software or programs that allow them to view pdf and excel documents
Description
Understanding Worker Classification is a crash course that will help business owners learn the factors used to determine whether a worker is an employee or independent contractor. The additional bonus resources included with the course are:Independent Contractor v. Employee Self-Assessment questionnaire (one for each test covered in the course: 20 factor, IRS Test and Economic Realities Test);Independent Contractor Worksheet (one for each test covered in the course: 20 factor, IRS Test and Economic Realities Test); 5 Step Guide to Conducting your Self-Audit; 20 Factor Cheat Sheet with examples; 50 State Survey that sets forth the worker classification tests used in each state; and IRS Independent Contractor Information Sheet Form Independent Contractor Agreements for Single Projects and Recurring Projects There is about 2 hours of learning material including videos, power point presentation, and audio recordings. I will discuss some background issues on worker classification and then dive right into the 20 factor test. I will define each factor and discuss a comparison of two cases: one where the worker was determined to be an independent contractor and another where a class of workers were found to be employees. That way, you can see real situations that these factors were applied and learn common "do's and don'ts." After every 5 factors, I will do a brief recap and discuss important take-a-ways. Once we conclude the 20 factor test, I also address the IRS Test and the Department of Labor Economic Realities test. I will then go through next steps for your business and the 5 simple steps to conduct your self-assessment. After that, I do a lecture where I discuss the key provisions of the form contracts that are included in the course and then I give a course wrap up. Worker classification is a hot issue for the federal government and state agencies which have increased audits in this area. Understanding these issues will help your business get proactive and hopefully stop a problem before it starts. Please remember that the information in this course should be used as a general reference and you should not solely rely on this information for making legal decisions. You should consult an attorney for employment law issues.

Overview

Section 1: Worker Classification Basics

Lecture 1 Introduction

Lecture 2 What is Worker Classification?

Lecture 3 How is Worker Classification Determined?

Section 2: The 20 Factor Test

Lecture 4 Analysis of Factors 1 - 5

Lecture 5 Factors 1 - 5 Key Points

Lecture 6 Analysis of Factors 6 - 10

Lecture 7 Factors 6 - 10 Key Points

Lecture 8 Analysis of Factors 11 - 15

Lecture 9 Factors 11 - 15 Key Points

Lecture 10 Analysis of Factors 16 - 20

Lecture 11 Factors 16 - 20 Key Points

Lecture 12 Summary and Other Important Considerations

Section 3: Bonus Lectures: IRS and Department of Labor Independent Contractor Tests

Lecture 13 Bonus Lecture: IRS Worker Classification Test

Lecture 14 Department of Labor Guidance on Worker Classification

Lecture 15 Department of Labor Economic Realities Test

Section 4: Next Steps for your Business

Lecture 16 What's Next for your Business?

Lecture 17 5 Simple Steps for Conducting a Self-Assessment of your Business

Lecture 18 Contractor Agreements

Section 5: New Developments

Lecture 19 Update from the Missouri Supreme Court

Section 6: Course Wrap Up

Lecture 20 Course Wrap Up

This course is meant for business owners who have independent contractors or who intend to have independent contractors.,This course could also be for attorneys or HR personnel looking to gain a better understanding of worker classification issues.,This course is probably not for those who don't have a workforce or have any interest in employment law.