Contractor or Employee? Unlock the Secrets to Perfect Classification

Uncover the Hidden Risks in Your Worker Classifications!

Instructor :
Mark Schwartz

Webinar ID:
17673

Date: SEP 26, 2024 (THU)

Start Time: 10 AM PT - 11:15 AM PT

Duration: 75 Mins.

What will you learn

    • Misclassification Facts – IRS Estimates Of Lost Revenue Explained
    • Agencies Auditing Misclassification And Why It Matters To You
    • Understanding The DOL’s Final Rule And Its Implications
    • IRS 3-Part Test – Federal And State Compliance Requirements
    • State Determinations – Tightening Rules On Worker Classification Annually
    • Assessing Your Vulnerability To Audits And Misclassification Exposure
    • Ensuring Proper Classification – Procedures To ….
    • Misclassification Facts – IRS Estimates Of Lost Revenue Explained
    • Agencies Auditing Misclassification And Why It Matters To You
    • Understanding The DOL’s Final Rule And Its Implications
    • IRS 3-Part Test – Federal And State Compliance Requirements
    • State Determinations – Tightening Rules On Worker Classification Annually
    • Assessing Your Vulnerability To Audits And Misclassification Exposure
    • Ensuring Proper Classification – Procedures To Tighten Internal Processes
    • Electronic Filing, TIN Matching, And Backup Withholding Essentials
    • Review Of Current Cases And Real-World Misclassification Examples

Course Description

Misclassifying workers is one of the costliest mistakes in personnel management. With the rising cost of employing workers, an audit of those you’ve classified as 1099 independent contractors can result in an expensive payroll tax assessment—one that could lead to bankruptcy.

While the IRS has remained consistent in its evaluation of working relationships, many states are increasingly requiring more workers to be put on payroll.

So, what makes an independent contractor?

    • The key lies in independence. A worker must be economically independent from your business.
    • Factors such as pay, control over tools and equipment, work hours, and the manner of performing services are crucial. Who holds this control?
    • The nature of the contract is also critical. Does the worker bear a risk of loss? Who is responsible for the expenses?
    • Does the worker show clear signs of being in business for themselves?

The more an independent contractor agreement resembles an employment agreement, the higher the likelihood of misclassification.

“In January 2024, the Department of Labor (DOL) issued its Final Rule on this matter, replacing both the IRS’ common law 3-factor test and many states’ ABC test.”

This new test focuses on economic reliance and visible signs of independent business activity, along with other criteria that either support independence or indicate employee status.

During this 75-minute webinar, we’ll cover the Final Rule in detail, helping you evaluate your independent contractors and ensuring you can effectively defend your classification decisions in the face of auditors, reviewers, or courts.

Join Mark, an ex-auditor, as he guides you through this important topic. Whether you’re in hiring, payroll, or accounts payable, you’ll gain the knowledge needed to confidently navigate worker classifications and avoid costly missteps.

Enroll Now!

Misclassifying workers is one of the costliest mistakes in personnel management. With the rising cost of employing workers, an audit of those you’ve classified as 1099 independent contractors can result in an expensive payroll tax assessment—one that could lead to bankruptcy.

While the IRS has remained consistent in its evaluation of working relationships, many states are increasingly requiring more workers to be put on payroll.

So, what makes an independent contractor?

    • The key lies in independence. A worker must be economically independent from your business.
    • Factors such as pay, control over tools and equipment, work hours, and the manner of performing services are crucial. Who holds this control?
    • The nature of the contract is also critical. Does the worker bear a risk of loss? Who is responsible for the expenses?
    • Does the worker show clear signs of being in business for themselves?

The more an independent contractor agreement resembles an employment agreement, the higher the likelihood of misclassification.

“In January 2024, the Department of Labor (DOL) issued its Final Rule on this matter, replacing both the IRS’ common law 3-factor test and many states’ ABC test.”

This new test focuses on economic reliance and visible signs of independent business activity, along with other criteria that either support independence or indicate employee status.

During this 75-minute webinar, we’ll cover the Final Rule in detail, helping you evaluate your independent contractors and ensuring you can effectively defend your classification decisions in the face of auditors, reviewers, or courts.

Join Mark, an ex-auditor, as he guides you through this important topic. Whether you’re in hiring, payroll, or accounts payable, you’ll gain the knowledge needed to confidently navigate worker classifications and avoid costly missteps.

Enroll Now!

Why you should attend

In today’s rapidly changing regulatory environment, misclassifying workers is no longer just a costly mistake—it’s a business risk that could lead to crippling penalties, audits, and even legal battles.

The stakes are high, and every hiring manager, HR professional, and payroll specialist needs to be armed with the latest knowledge to protect their organization.

By attending this webinar, you’ll gain the skills and insights needed to tackle one of the most complex challenges in workforce management: worker classification. Here’s how this training will help you solve real-world problems in your role:

    • Stay ahead of regulatory changes: With states enforcing stricter rules and the IRS closely monitoring classifications, this webinar will teach you how to navigate differing federal and state laws and ensure your business is compliant.
    • Avoid costly missteps: Learn how to properly categorize workers as independent contractors or employees. This knowledge is crucial for minimizing risk and saving your company from fines that can run into the millions.
    • Build a strong defense against audits: Gain the confidence to effectively argue your worker classifications if challenged by auditors or regulators. You’ll leave with a clear understanding of how to justify your decisions, backed by the latest legal standards.
    • Master documentation: Knowing how to document your decision-making process is critical. You’ll learn exactly what to document to support your classifications and ensure you have a bulletproof defense.
    • Empower your team: By training your hiring, HR, and payroll departments, you’ll create a workforce that understands how to identify the right worker classifications, helping to avoid confusion and boosting compliance across your organization.
    • Safeguard your business from penalties: Misclassification penalties can devastate a business. Learn how to proactively protect your company by identifying potential issues before they arise.

In just 75 minutes, you’ll walk away with the tools to confidently classify workers, reduce your exposure to risk, and ensure your business remains on the right side of the law.

This knowledge is not just helpful—it’s vital for anyone involved in hiring and managing workers in 2024 and beyond.

Join Now!

In today’s rapidly changing regulatory environment, misclassifying workers is no longer just a costly mistake—it’s a business risk that could lead to crippling penalties, audits, and even legal battles.

The stakes are high, and every hiring manager, HR professional, and payroll specialist needs to be armed with the latest knowledge to protect their organization.

By attending this webinar, you’ll gain the skills and insights needed to tackle one of the most complex challenges in workforce management: worker classification. Here’s how this training will help you solve real-world problems in your role:

    • Stay ahead of regulatory changes: With states enforcing stricter rules and the IRS closely monitoring classifications, this webinar will teach you how to navigate differing federal and state laws and ensure your business is compliant.
    • Avoid costly missteps: Learn how to properly categorize workers as independent contractors or employees. This knowledge is crucial for minimizing risk and saving your company from fines that can run into the millions.
    • Build a strong defense against audits: Gain the confidence to effectively argue your worker classifications if challenged by auditors or regulators. You’ll leave with a clear understanding of how to justify your decisions, backed by the latest legal standards.
    • Master documentation: Knowing how to document your decision-making process is critical. You’ll learn exactly what to document to support your classifications and ensure you have a bulletproof defense.
    • Empower your team: By training your hiring, HR, and payroll departments, you’ll create a workforce that understands how to identify the right worker classifications, helping to avoid confusion and boosting compliance across your organization.
    • Safeguard your business from penalties: Misclassification penalties can devastate a business. Learn how to proactively protect your company by identifying potential issues before they arise.

In just 75 minutes, you’ll walk away with the tools to confidently classify workers, reduce your exposure to risk, and ensure your business remains on the right side of the law.

This knowledge is not just helpful—it’s vital for anyone involved in hiring and managing workers in 2024 and beyond.

Join Now!

Areas Covered

    • Misclassification Facts – IRS Estimates of Lost Revenue
    • Who Cares? – Agencies That Audit for Misclassification and Why It Matters
    • The DOL’s Final Rule – Understanding Its Impact
    • IRS 3-Part Test – The Minimum Standard for Federal and State Compliance
    • IRS Publication 1779 – Guidelines for Worker Classification
    • State Determinations – How Classification Rules Are Narrowing Year by Year
    • Exposure – Assessing Your Vulnerability to Audits
    • Procedures for Ensuring Proper Classification – Tightening Your Company’s Processes
    • Ancillary Issues – Key Considerations Beyond Classification
    • Electronic Filing and TIN Matching – Ensuring Compliance
    • Backup Withholding – What You Need to Know
    • Current Cases – Real-World Examples and Lessons

BONUS:

    1. PDF copy of the presentation handout for your future reference.
    2. Soft copy of the certificate of completion on request.
    3. Q&A Session with the Presenter: Get your pressing questions answered verbally, via chat or email.
    • Misclassification Facts – IRS Estimates of Lost Revenue
    • Who Cares? – Agencies That Audit for Misclassification and Why It Matters
    • The DOL’s Final Rule – Understanding Its Impact
    • IRS 3-Part Test – The Minimum Standard for Federal and State Compliance
    • IRS Publication 1779 – Guidelines for Worker Classification
    • State Determinations – How Classification Rules Are Narrowing Year by Year
    • Exposure – Assessing Your Vulnerability to Audits
    • Procedures for Ensuring Proper Classification – Tightening Your Company’s Processes
    • Ancillary Issues – Key Considerations Beyond Classification
    • Electronic Filing and TIN Matching – Ensuring Compliance
    • Backup Withholding – What You Need to Know
    • Current Cases – Real-World Examples and Lessons

BONUS:

    1. PDF copy of the presentation handout for your future reference.
    2. Soft copy of the certificate of completion on request.
    3. Q&A Session with the Presenter: Get your pressing questions answered verbally, via chat or email.

Who is this course for

Everybody Benefits from Watching This. Even Better When Done as a Group!

    • HR Manager
    • Payroll Manager
    • Hiring Manager
    • Compliance Officer
    • Finance Manager
    • Accounts Payable Specialist
    • Legal Counsel
    • Tax Manager
    • Business Owner/Entrepreneur

Everybody Benefits from Watching This. Even Better When Done as a Group!

    • HR Manager
    • Payroll Manager
    • Hiring Manager
    • Compliance Officer
    • Finance Manager
    • Accounts Payable Specialist
    • Legal Counsel
    • Tax Manager
    • Business Owner/Entrepreneur

Instructor Profile

Mark Schwartz is an employment tax specialist and has over 15 years of employment tax experience as an independent consultant and as a payroll tax auditor with the State of California. He has managed an audit caseload of...

Mark Schwartz is an employment tax specialist and has over 15 years of employment tax experience as an independent consultant and as a payroll tax auditor with the State of California. He has managed an audit caseload of 20 ongoing audits, from small home-based businesses to large multi-national corporations. He is expert at defining regulatory and statutory requirements from local, State and Federal government agencies; and helping the average businessperson understand what that means to their business. He has processed weekly and bi-weekly payroll checks plus tax forms for businesses with hourly as well as exempt workers, multistate operations and a wide variety of benefits.

Mr.Schwartz provides consulting services encompassing payroll processing and payroll tax issues. These include payroll tax minimization, payroll tax compliance reviews, independent contractor studies, use of electronic transfers, deductions, benefits, etc. Mark has represented both clients and the State in front of the State Appeals Board. He understands the complexities of local wage laws, unemployment and disability claims, and other wage and benefit issues affecting your employees.

Mark prides himself on his outstanding customer service skills. He listens attentively to his clientele, helping them bridge the gap between the small business world and Government bureaucracy. He eagerly assists with clients needs and feels that educating clients toward faster, accurate and more complete payroll processes provide the most value.

Mark is a participating member of the American Payroll Association. He earned his BA and MBA in Finance at Santa Clara University. He has held Certified Internal Auditor and Certified Investment and Derivatives Auditor Credentials. Mark is currently pursuing a Certified Payroll Fundamentals Credential with the American Payroll Association.

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