Continuing Legal Education
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November 20, 2019 Continuing Legal Education
The ABCs of Independent Contractors in California and New York
You are invited to join attorneys from Frankfurt Kurnit's Employment Compliance, Training & Litigation Group for a roundtable discussion and workshop in that will address the classification of independent contractors and employees under rapidly changing California and New York law.
Last year, the California Supreme Court’s Dynamex decision overturned 30 years of wage and hour law by creating a presumption that all workers in the state are employees. To overcome this presumption, Dynamex puts the burden on employers to prove their workers meet a narrow three-part test -- the so called “ABC Test”-- in order to be lawfully classified as independent contractors. The ABC Test radically changes the way California employers must approach worker classification, particularly in entertainment, advertising, and other industries that rely heavily on independent contractors for their business operations.
This year, the California Legislature has just passed Assembly Bill 5 (AB 5) which expands the ABC Test to all employment laws in the state including workers’ compensation and unemployment. AB 5 exempts very few industries from the ABC Test and it is unclear whether state agencies and courts will apply it retroactively. This means that all companies with California employees must be sure their worker classifications pass the ABC Test when the law goes into effect on January 1, 2020.
While New York applies a more nuanced, multi-factor test to the classification of independent contractors and employees, many employers don’t apply the test correctly, which can lead to liability. New York also continues to re-examine its current test, with Governor Cuomo recently commenting on the passage of AB 5 – “I don’t want to lag California in anything. . .”.
- During this roundtable discussion and workshop we will:
- - Update you on the current status of the "classification" laws in both California and New York, including the various exemptions to AB5;
- - Walk you through various classification "hypos" in an interactive session to help you evaluate your current employees, independent contractors, and freelancers; and
- - Help you develop practical strategies to mitigate your company’s risk of misclassification, stiff fines, penalties, and lawsuits.
Stay for a working lunch with speakers Kevin Brown and Aubrey Medal from CliftonLarsonAllen (CLA) Global Services Group to discuss business, operational, and tax issues that arise with worker classification.
New York City Registration - Click here
When: Wednesday, November 20, 2019
8:30 am Registration & Continental Breakfast
9:00 am Presentation
11:30 am Break
12:00 pm Working Lunch
1:00 pm Event Concludes
Where: Frankfurt Kurnit, 28 Liberty Street, 35th Floor, NY, NY (Between Nassau & William Streets)
CLE: 3 Credits**
*This program has been approved in accordance with the requirements of the California MCLE Board for a maximum of 2.5 General Participatory Credits. (Note: The content of this course is appropriate for both newly admitted and experienced attorneys (non-transitional and transitional)).
**This program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 3 credit hours in Areas of Professional Practice. (Note: The content of this course is appropriate for both newly admitted and experienced attorneys (non-transitional and transitional)).