Avoiding Employee Misclassification
Date : 13 December 2018
Time : 01 : 00 PM EST
Duration : 90 Minutes

Melvin K. Patterson, an attorney licensed to practice before all state and federal courts in California, was General Counsel to Cedrus Investments Limited, an international financial services firm with offices around the globe. He is a member of the Labor & Employment Section of the California State Bar. He has been admitted to the United States District Court for the Northern District of California as well as the United States Ninth Circuit Court of Appeal. Mr. Patterson is experienced in Labor and Employment litigation and transactional matters in the U.S., Asia and the U.K. He has designed internal business policies, procedures and management structures, as well as inter-corporate relationships and has been a business owner himself.

Mr. Patterson is an experienced trial litigator who has handled numerous business and commercial matters for over 20 years on behalf of an elite clientele around the world. He has defended clients in matters brought against companies by employees, commercial business agreements and government regulatory matters.

Mr. Patterson holds a Doctor of Jurisprudence degree from the John F. Kennedy University School of Law, as well as a Certificate in Strategic Human Resource Management from Cornell University. He has also earned the American Jurisprudence Award, completed specialized training in Assessing Economic Damages, Forensic Discovery and Preservation of Electronic Evidence and Data.

Mr. Patterson was nominated to the National Dean's List and has been a speaker before such groups as the Asian Pacific American Law Students Association, is a past contributing editor to California Motions In Limine (The Rutter Group) and has been a columnist for the "The Docket", the news and information journal of the San Mateo County Bar Ass'n. He has a knowledge of Korean, Japanese and Spanish languages.

This webinar has been approved for 1.50 HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

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Employee or Independent Contractor? Exempt or Non-Exempt? Unpaid Intern, Volunteer or Paid Employee? Every year companies fail to properly classify their workers and such mistakes can be extremely costly. In 2000 Microsoft paid $97,000,000.00 in a settlement of misclassification claims. Lyft recently paid $12.25 million dollars and FedEx recently had to pay $228,000,000 for classifying, workers as independent contractors rather than employees (one of the biggest settlements so far). And class action lawsuits claiming millions of dollars in unpaid wages are filed each year alleging that employers have failed to pay overtime because workers are misclassified as "exempt." Staying ahead of misclassification claims is almost a full-time job itself and this course will teach you the guidelines for making sure you don't fall into the trap of misclassifying your workers.

Recently businesses have been plagued by class action lawsuits alleging that employees have been misclassified in order to avoid payment of benefits enjoyed by regular employees. Whether it is overtime payments that would be payable to non-exempt employees who were classified as exempt, or fringe benefits due and payable to employees who were classified as independent contractors, or compensation altogether to workers who were classified as interns or volunteers, legal actions based on misclassification have begun to spring up across the country. Avoiding exposure to these kinds of lawsuits have become a top priority of employers and understanding the differences between the classifications is the first step in deciding how a job should be classified.

Learning Objectives

  • Identifying the legal differences between contractors and employees
  • Understanding the legal distinction between “Exempt” Employees and “Non-Exempt” Employees
  • Paid vs. Unpaid Interns and How to Avoid Claims By Unpaid Interns
  • Using Volunteers in the Workplace
  • Structuring jobs to avoid confusion between the various classifications
  • Consequences of Misclassifications

Who Should Attend

  • HR Managers
  • Payroll Supervisors
  • Staffing Analysts
  • $149.00