Employee Misclassification - Independent Contractors or Employees?
August 2010
Employee Misclassification - Independent Contractors or Employees?
Program Description
With the Obama Administration estimating that the federal government is losing approximately $7 billion dollars over a three-year period due to misclassified independent contractors and some states claiming that they are losing almost $200 million each year due to similar misclassifications, both federal and state agencies are stepping up their efforts to audit organizations that classify workers as independent contractors instead of employees. The federal Department of Labor announced that it expected to hire at least 90 new investigators and spend approximately $25 million in 2010 to solely focus on auditing employers' designations of independent contractors. Similarly, the IRS stated that it was redoubling efforts to uncover long-term misclassified workers by launching a three-year program that will examine 6,000 companies to find permanent workers misclassified as freelancers in violation of the Tax Code. And, closer to home, effective June 2009, the Colorado State Department of Labor upped the ante for employers when it comes to not paying unemployment taxes on independent contractors who are really employees. In short, now, more than ever, organizations need to understand when they can properly classify workers as independent contractors. This one hour seminar will focus on the federal and state factors, including recent cases, used to determine if certain workers can truly be classified as independent contractors.
Agenda
11:30 am - 12:00 pm
Registration
12:00 pm - 1:00 pm
Program
1:00 pm
Adjourn
Faculty
Michael C. Santo, Esq.
Bechtel & Santo, LLP
Grand Junction, CO
Michael C. Santo began practicing law in his home state of Michigan in 1992 after receiving his undergraduate degree from Michigan State University and his law degree from the University of Detroit. Within a couple of years after graduation from law school, he fulfilled a lifelong dream by moving to Colorado to practice law. Since that move in 1994, Mr. Santo has focused his practice on defending companies in employment litigation, including race, sex, age, national origin, religious, and disability discrimination lawsuits; wrongful discharge; and wage and hour matters. In addition, he regularly represents employers in prosecuting and defending claims of trade secret misappropriation, unfair competition, and employee raiding. Counseling companies on day-to-day employment issues is also an important part of Mr. Santo's practice. This includes counseling employers on hiring, discipline, and termination decisions; leave and disability issues; and preparing and revising employee handbooks. By helping employers develop sound personnel policies, Mr. Santo has assisted many Colorado companies, large and small, in minimizing the risk of employment-related litigation.
Mr. Santo is also a frequent lecturer on employment law issues, and a contributing author for The Practitioner's Guide to Colorado Employment Law (CLE in Colo., Inc. Supp. 2010); The Practitioner's Guide to Colorado Business Organizations (CLE in Colo., Inc. 2010); and The Employer's Advisory, a Bechtel & Santo quarterly newsletter, published since 1994.
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
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1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $69.00 |
| CBA | $59.00 |
- General Credits: 1.00
- Ethics Credits:
- EDI Credits:
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