Telebriefs: 12 Myths for Classifying Individuals as Independent Contractors

The misclassification of individuals as independent contractors is an all too prevalent occurrence in the workplace and is an issue that can be confusing to employers. Recently, the Department of Labor (DOL) posted on its Wage and Hour website 12 myths about classifying individuals as independent contractors to help sort through this confusion. The biggest takeaway from this list of myths is that the laws regarding whether individuals are classified as independent contractors are detailed and somewhat complicated. In addition, some specific aspects will differ depending on the state laws applicable to a specific employer’s operations. Companies that use independent contractors, or are worried that their classification of individuals as independent contractors may be incorrect, should carefully read the DOL’s post, and more importantly, confer with skilled employment counsel. To learn more about these myths and what they could mean for your company, listen to this week’s Labor and Employment Telebrief here.

Also in this week’s Labor and Employment Telebrief: Pennsylvania’s Memorandum of Understanding with the DOL, what job duties qualify an employee as exempt versus nonexempt, and the legal significance of carefully drafting job descriptions.

ABOUT THE TELEBRIEFS®

Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30-minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management. On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company. Our guarantee: You will learn something useful, on every call! If you have any questions regarding labor and employment issues, please contact

Howard Kurman: hkurman@offitkurman.com | 410.209.6417

ABOUT HOWARD KURMAN

Howard Kurman website

Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

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