(Webcast) Classifying Workers: Employed, Jointly Employed, or Independent Contractor?

Tuesday, June 1, 2021 | 9:30 am – 11:30 am

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• This program will give practitioners a deep understanding of how courts distinguish between independent contractors and employees by providing a detailed discussion of misclassification laws and cases.  Panelists will also explore the related topic of joint employment, when more than one person or entity may be considered an “employer” of a worker.

  Experienced practitioners will discuss numerous issues arising in misclassification cases today, including:

  • Factors that courts consider in determining whether a worker is an independent contractor, an employee, or jointly employed by more than one entity
  • Recent developments in misclassification cases and laws, including a discussion of the Postmates Inc. decision from the New York Court of Appeals and A-B-C tests in other jurisdictions
  • Proposed legislation concerning worker classification; the legal impact of being an “employee”; situations involving subcontractors; and issues arising out of the gig economy
  • Complex independent contractor business models

  Program Fee:
  $199 for Members | $299 for Nonmembers

  Members who are Law Students, Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

• Terri Ellen Gerstein
  Director, State and Local Enforcement Project at Labor and Worklife Program
  Harvard Law School

  Shannon Liss-Riordan
  Lichten & Liss-Riordan, P.C.

  Evan J. Spelfogel
  Phillips Nizer LLP

• 9:30 am – 9:35 am
  Introduction: Overview of Misclassification Issues

  9:35 am – 9:55 am
  The Many Tests: Economic Realities, Right to Control, ABC  

  9:55 am – 10:20 am
  Case Study: Postmates, Inc. & Discussion  

  10:20 am – 11:05 am
  The Gig Economy, Complex Business Models, & Discussion

  11:05 am – 11:25 am
  Proposed Legislation & Industry-Specific Rules 

  11:25 am – 11:30 am
  Q&A Session

• New York: 2.0 Professional Practice
  New Jersey: 2.4 General
  California: 2.0 General
  Pennsylvania: 2.0 General
  Connecticut: Available to Licensed Attorneys

• Sponsoring Association Committee:
  Labor & Employment Law, Katherine A. Greenberg, Chair

  Sponsorship Opportunities are Available! Please Contact:
  Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org