DISCLAIMER: This course addresses US law concepts that may not apply in all countries. LinkedIn (including Lynda.com) and the instructor are not giving legal advice. Neither Linkedin (including Lynda.com) nor the instructor represent you. The information conveyed through this course is similar to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views and legal interpretations presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Legal requirements for classifying independent contractors
- Financial and strategic benefits of contract employees
- Downsides of misclassification
- What triggers complaints and investigations?
- Licensing statutes, permit requirements, and anti-discrimination statutes
- Preventing misclassification claims
- Considering an SS-8 ruling
- Amnesty programs
Skill Level Intermediate
Independent contractors are the fastest growing sector of the U.S. workforce. The percentage of workers engaged in alternative work arrangements rose from 10.1% in February of 2005 to 15.8% in late 2015, and there is nothing to suggest this trend won't continue. In fact, there's plenty of evidence to prove it's actually accelerating. Technology is driving much of this change coupled with the fact that many people feel a greater sense of security working for themselves.
It's also been driven by employers looking to avoid the overhead associated with having full-time employees. Look at what companies like Uber and Lyft have done to the taxi driving industry. It took on a traditional employer/employee model, often unionized, and stood it on its head, and has caused a great number of legal battles as a result. Hi, my name is Don Phin. I'm an attorney, consultant, and coach.
As a 30 year plus employment lawyer, I have dealt with the independent contractor classification issue many times. I've litigated cases that involve this matter, helped companies determine the correct classification, and drafted appropriate contracts. In this course, we'll focus our attention on the definition of independent contractors and review what an independent contractor is and is not. Then we'll turn to an analysis of various liabilities associated with misclassification.
We will review the benefits and risks of using independent contractors, as well as how to avoid misclassification claims. The legal question usually asked is whether an independent contractor can be considered an employee for tax and liability reasons. The simple answer is that if they can be, they will be. As a manager or an HR professional, you don't want to assume you know what an independent contractor is.
You want to know the basics of independent contract law so you don't get yourself or the company in trouble for violating it. So, let's get started.