SHRM's Public Policy Webcast Series
Understanding the Difference Between Contractors Employees,
and Successfully Defending Your Classification Decisions
Presenter: Annette Idalski, Chamberlain Hrdlicka
May 2013 (avaliable through May 22nd, 2014)
Recertification Credits: 1.5*
Note: This program was orginally scheduled for May 9. SHRM has changed the date of the program. We apologize for any inconvience.
Program length: 90 minutes
Program fee: SHRM members: $99; Nonmembers: $139 Register now
In a time of skills gaps and tightened employment budgets, a growing number of employers rely on the work of independent contractors. However, the government's definition of "contractor" and the guidelines for determining who is a contractor and who is an employee are murky. As the Labor Department steps up enforcement activities, a recent ruling by a Texas federal district court (Gate Guard Services, L.P. v. Hilda L. Solis) is significant: The court ruled against the Department of Labor in a case involving employee classification, marking the first time the government did not prevail in such a case.
In this timely webcast, you will hear from Annette Idalski, one of the attorneys who represented Gate Guard Services, L.P. in the case. Using insight gleaned from the court's ruling, she will describe how to determine whether someone is an employee or contractor, how to document your decision and how to defend yourself in the case of a Depart of Labor audit. She will also provide guidelines you can share with supervisors throughout your organization so they can make safe and legal staffing decisions.
About the Presenter: Annette A. Idalski is a shareholder in the law firm Chamberlain Hrdlicka. She practices in the areas of labor and employment litigation and is Chair of the firm's Labor and Employment Litigation Group in Atlanta. She has successfully defended numerous employers nationwide against single and multi-plaintiff lawsuits involving wage and hour compliance, race, gender, age and disability discrimination, restrictive covenant claims, workplace harassment, traditional labor matters, contract disputes, whistleblower actions, and other employment torts. Ms. Idalski's practice focuses heavily on FLSA collective actions and related class actions under state laws. Ms. Idalski is past president of the Georgia Association for Women Lawyers (GAWL) and currently serves on the GAWL Advisory Board.
SHRM members: $99; nonmembers: $139 - Register now
Recertification CreditViewing this entire presentation, either as a live event or archived, counts for 1.5 credit hours toward PHR/SPHR recertification from the Human Resource Certification Institute. Note: You are responsible for tracking your participation in this event.