Maurer - It's time for the talk How do I avoid misclassifying personnel as independent contractors
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Transcript of Maurer - It's time for the talk How do I avoid misclassifying personnel as independent contractors
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Jaime A. Maurer
Roetzel & Andress
2320 First Street
Fort Myers, FL 33901
Phone : 239.337.3850
Email : [email protected]
It’s Time For “The Talk”
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How do I avoid misclassifying personnel as independent contractors?
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• Classification matters
• The IRS’ 20 factor test
• Three main areas of focus
• Increased enforcement against misclassification
• Next steps
How do I avoid misclassifying personnel as independent contractors?
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How do I avoid misclassifying personnel as exempt under the FLSA?
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How do I avoid misclassifying personnel as exempt under the FLSA?
Consider:
•(i) how much the employee is paid (“salary level”)
•(ii) how the employee is paid (“salary basis”)
•(iii) what kind of work the employee does (“job duties”)
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How do I avoid misclassifying personnel as exempt under the FLSA?
• Pointers for the “White Collar” Exemptions
• Executive
• Administrative
• Learned Professional
• Next steps
• There’s an app for that
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How do I avoid a retaliation claim (and who can bring such a claim)?
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How do I avoid a retaliation claim (and who can bring such a claim)?
• Thompson v. N. Am. Stainless LP (U.S. Supreme Court- Jan. 24, 2011)
• The facts
• The ruling
• The impact
• Next steps
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Who is the decisionmaker for Title VII discrimination claims?
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Who is the decisionmaker for Title VII discrimination claims?
• Staub v. Proctor Hospital (U.S. Supreme Court- March 1, 2011)
• The facts
• The ruling
• The impact
• Next steps
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Is there such a thing as an “informal” wage and hour complaint?
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Is there such a thing as an “informal” wage and hour complaint?
• Kasten v. Saint-Gobain Performance Plastics (U.S. Supreme Ct.- March 22, 2011)
• The facts
• The ruling
• The impact
• Next steps
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What makes someone a Whistleblower?
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What makes someone a Whistleblower?
• Private sector (Sections 448.101- 448.105, Florida Statutes)
• Public sector (Sections 112.3187- 112.31895, Florida Statutes)
• Next steps
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Who is not disabled under the ADAAA?
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Who is not disabled under the ADAAA?
• Change in approach
• Expanded definition of disability
• Focus on accommodation
• Next steps
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What should an employer do to comply with GINA?
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What should an employer do to comply with GINA?
• What is genetic information?
• Can an employer legally obtain genetic information?
• EEOC’s suggested language when making requests for medical information
• The No-Nos
• Next steps
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What sort of information is private information in the employer/employee context?
In other words, what belongs to the employee vs. what sort of information can the employer access and act upon?
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What sort of information is private information in the employer/employee context?
• Holmes v. Petrovich Dev. Co. (Cal. Ct. App.- Jan. 13, 2011)
• U.S. v. Rodriguez (11th Circuit- Dec. 27, 2010)
• Frew v. Tolt Tech Service (Middle District of Fla.- Feb. 11, 2010)
• Lochin v. Verizon Florida LLC (Middle District of Fla.- Oct. 15, 2010)
• Quon v. Arch Wireless Operating Co., Inc. (U.S.- June 17, 2010)
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How do I approach what applicants or my employees do on facebook, twitter, etc.?
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How do I approach what applicants or my employees do on facebook, twitter, etc.?
• A few stories
• American Medical Response (NLRB- Settled Feb. 7, 2011)
• Practices and procedures for using social media when screening applicants
• Employees’ use of social networking sites
• Social media policy essentials