Labor & Employment

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Independent Contractors, Vendors, and Joint Employment Risks: The Modern Contract Workforce

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
HRCI Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
SHRM CP/SCP Approved 6 Total
Live Online
6 hours
Bryant Banes
Mark Waterfill
Bryce Denny
Jennifer Corso
Jeana Lervick
Casey Erick
With Bryant S. Banes from Neel, Hooper & Banes, P.C. + 5 others

Tue, Nov 24, 00:00 AM – 00:00 PM

Product ID 102632

Register For Course

Course Includes
$429

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

Prevent Contingent Relationships From Becoming Employment Liabilities

Courts, the DOL, and the IRS don't just read contracts. They look at reality. And the gap between what an agreement says and how a relationship actually operates is exactly where misclassification liability lives - and where back wages, tax penalties, benefits exposure, and other risk accumulate quietly, sometimes for years, before anyone notices.

This practical, full-day CLE program gives you the framework and the tools to get ahead of that exposure - before the DOL investigation, the IRS payroll audit, or the lawsuit arrives. You'll leave knowing how to audit existing arrangements, structure agreements that hold up under scrutiny, identify the red flags that turn contractors into employees, and remediate problems without making them worse. Register today!

  • Understand how the DOL, IRS, and state agencies apply classification tests.
  • Identify operational practices and management behaviors that create misclassification and joint employment exposure.
  • Untangle wage-and-hour, discrimination, and accommodation issues in contingent worker relationships.
  • Draft independent contractor, staffing agency, vendor, and managed services agreements that reduce legal risk.
  • Build internal compliance programs and audit checklists you can use immediately.
  • Know what to do when a misclassification problem is discovered - and how to remediate without making it worse.
  • Work through seven real-world hypotheticals to apply what you learn.

Abbreviated Agenda

  1. Independent Contractor vs. Employee
  2. Joint Employment Foundations
  3. Misclassification and Joint Employment: Enforcement Priorities and Litigation Trends
  4. Wage-and-Hour, Discrimination, and Accommodation Risks in Contingent Worker Arrangements
  5. Red Flags in Independent Contractor Agreements and Other Contingent Workforce Contracts
  6. Everyday Operational Pitfalls: Managing Contractors, Vendors, Staffing Agencies & Embedded Workers
  7. Litigation Readiness, Compliance Audits, and Remediation: A Checklist Guide
  8. Practical Hypotheticals and Case Studies
  9. Legal Ethics

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102632

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Arizona CPE for Accountants Approved 7 Total
New York CPE for Accountants Approved 7 Total
Washington CPE for Accountants Approved 7 Total
Wisconsin CPE for Accountants Approved 7.2 Total
HRCI Approved 6 Total
CPE for Accountants/NASBA Approved 7 Total
SHRM CP/SCP Approved 6 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. Independent Contractor vs. Employee

    1. Financial and Legal Consequences of Misclassification
    2. Economic Realities Test Under the FLSA and the DOL's Independent Contractor Rule
    3. IRS Common Law Control Test
    4. ABC, AB5, and Other State Laws
    5. Core Factors Courts Prioritize in Classification Disputes
    6. High-Risk Workforce Arrangements

  2. Joint Employment Foundations

    1. FLSA Joint Employer Liability
    2. NLRA Joint Employer Standard
    3. ACA and ERISA Implications
    4. Direct and Indirect Control Concepts
    5. Common Operational Facts That Create Joint Employment Exposure
    6. Joint Employer Red Flags

  3. Misclassification and Joint Employment: Enforcement Priorities and Litigation Trends

    1. DOL Enforcement Priorities
    2. State Labor Department Initiatives
    3. IRS Audit Triggers
    4. Plaintiff's Bar Targets and Claim Trends
    5. Industries Facing Elevated Risk
    6. Case Law Review

  4. Wage-and-Hour, Discrimination, and Accommodation Risks in Contingent Worker Arrangements

    1. Wage-and-Hour Exposure
    2. Discrimination and Harassment Claims
    3. Managing Complaints Involving Contractors
    4. ADA and Accommodation Issues
    5. Leave Law Complications

  5. Red Flags in Independent Contractor Agreements and Other Contingent Workforce Contracts

    1. Independent Contractor and Freelancer Agreements
    2. Professional and Executive Arrangements
    3. Staffing Agency and Temporary Worker Agreements
    4. Vendor, Outsourcing, and Managed Services Agreements
    5. Gig, Platform, and On-Demand Workforce Agreements
    6. Indemnification, Insurance, and Risk Transfer Strategies

  6. Everyday Operational Pitfalls: Managing Contractors, Vendors, Staffing Agencies & Embedded Workers

    1. The Reality Gap Between Contracts and Operations
    2. HR and Management Practices That Increase Risk
    3. Embedded Workforce Risks
    4. Staffing Agency Relationships
    5. AI and Algorithmic Classification Tools
    6. Remote Work and Cross-Border Complications

  7. Litigation Readiness, Compliance Audits, and Remediation: A Checklist Guide

    1. Government Audits and Investigations (DOL Investigations, IRS Payroll Audits, EEOC Charges)
    2. Litigation Readiness and Internal Compliance Audits
    3. Privilege and Audit Strategy
    4. Remediation and Reclassification: What to do When a Company Discovers it Has a Misclassification Problem

  8. Practical Hypotheticals and Case Studies

    1. The “consultant” working 50 hours a week for two years
    2. The freelancer using company systems and attending staff meetings
    3. The staffing agency employee requesting accommodation
    4. The vendor whose workers are supervised by the client
    5. The IT contractor included in bonus and recognition programs
    6. The retired executive brought back as a “consultant”
    7. The managed services team embedded onsite

  9. Legal Ethics

    1. Ethical Duties in Workforce Classification Advice
    2. Internal Investigations and Privilege
    3. Conflicts of Interest
    4. Confidential Information Sharing

Who Should Attend

This program is designed for attorneys. HR professionals, business owners, and paralegals may also benefit.

This program is particularly valuable for any attorney whose clients engage or rely on:

  • Freelancers or self-employed professionals
  • Consultants, retained advisors, or interim executives
  • Staffing agency workers, temporary employees, or leased workers
  • Embedded vendor personnel or managed services teams
  • Outsourced departments or third-party service providers
  • Subcontractors or project-based trades workers
  • Gig workers or platform-based on-demand workers
  • Remote, offshore, or cross-border contractors

Speakers

Bryant S Banes
Bryant S.
Banes
Neel, Hooper & Banes, P.C.
Mark R Waterfill
Mark R.
Waterfill
Mark R. Waterfill Attorney at Law, P.C.
Bryce J Denny
Bryce J.
Denny
Law Office of Bryce Denny, L.L.C.
Jennifer A Corso
Jennifer A.
Corso
Petronzio Schneier Co., LPA
Jeana R Lervick
Jeana R.
Lervick
Hall & Evans LLC
Casey S Erick
Casey S.
Erick
Lewis Brisbois Bisgaard & Smith LLP
Speaker bio
Bryant S Banes

Bryant S. Banes

Neel, Hooper & Banes, P.C.
Bryant Banes

is the managing partner of Neel, Hooper & Banes, P.C., in Houston, Texas. He practices in the areas of labor-management relations; wage and hour litigation, including prevailing wages; alternative dispute resolution and arbitration; and is board-certified in labor and employment law. Mr. Banes litigates all types of civil matters before federal and state courts and boards and has briefed and argued numerous times before U.S. and State Court of Appeals. He has taught as an adjunct professor at both George Mason University and the U.S. Army's Judge Advocate General's School. Mr. Banes earned his B.S. degree from Kansas State University and his J.D. degree from Louisiana State University.

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Speaker bio
Mark R Waterfill

Mark R. Waterfill

Mark R. Waterfill Attorney at Law, P.C.
Mark Waterfill

is the owner of Mark R. Waterfill Attorney at Law, P.C. and practices in the areas of employment law and commercial litigation. He is widely recognized in the field of employment law and has tried numerous commercial disputes in state and federal court. Mr. Waterfill has lectured and written extensively on a variety of employment law topics. He has been listed in Indiana Super Lawyers; and is a member of the Indianapolis Bar Association (Board of Managers; distinguished fellow), Indianapolis Bar Foundation (board president), Indiana State Bar Association (chair, Labor and Employment Council) and American Bar Association. Mr. Waterfill earned his B.S. degree, magna cum laude, from Hanover College and his J.D. degree from Indiana University School of Law at Bloomington.

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Speaker bio
Bryce J Denny

Bryce J. Denny

Law Office of Bryce Denny, L.L.C.
Bryce Denny

is the owner of Law Office of Bryce Denny, L.L.C., where he primarily practices labor and employment law. He is admitted to practice in both Texas and Louisiana. Mr. Denny was re-appointed in 2017 to a three-year term on the Louisiana State Bar Labor Law Advisory Commission. He is a member of the State Bar of Texas and the Louisiana State Bar Association. Mr. Denny earned his B.A. degree from Austin College in Sherman, Texas and his J.D. degree from Baylor University.

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Speaker bio
Jennifer A Corso

Jennifer A. Corso

Petronzio Schneier Co., LPA
Jennifer Corso

is an attorney at Petronzio Schneier Co., LPA. She has more than 25 years of experience representing management in employment and labor law, and is certified by the Ohio State Bar Association as a specialist in labor and employment law. Ms. Corso has written several articles and spoken at numerous seminars to community business groups on employment law topics. She is licensed to practice before all courts in the state of Ohio and the U.S. Federal Court in the Northern District of Ohio. Ms. Corso earned her B.S. degree from Eastern Michigan University and her J.D. degree from Cleveland-Marshall College of Law.

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Speaker bio
Jeana R Lervick

Jeana R. Lervick

Hall & Evans LLC
Jeana Lervick

is a seasoned litigator who provides counseling and defense through every step of conflict prevention and resolution. She focuses primarily on employment and health care law, from day-to-day operations to large-scale litigation. Ms. Lervick specializes in matters before the Human Rights Bureau and the Office of Civil Rights, as well as a vast array of healthcare and government related issues. She earned her Bachelor of Science degree from the Honors Program at Montana State University, and her law degree from DePaul University College of Law. Ms. Lervick is admitted to practice in Illinois; U.S. District Court, Northern District of Illinois; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Seventh Circuit Montana; and U.S. District Court, District of Montana.

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Speaker bio
Casey S Erick

Casey S. Erick

Lewis Brisbois Bisgaard & Smith LLP
Casey Erick

is a partner with Lewis Brisbois Bisgaard & Smith LLP and a member of the Labor and Employment practice. He focuses on commercial litigation and employment law. Mr. Erick has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation; including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He is a member of the State Bar of Texas and Dallas Bar Association, and is board-certified in civil trial law. Mr. Erick earned his B.A. degree, cum laude, from the University of Mississippi and his J.D. degree from Baylor School of Law.

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