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

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

Program Chair:
Gianfranco J. Cuadra
Pechman Law Group PLLC

  • 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