This course is intended for Employers/Business Owners/Managers
By classifying employees as independent contractors employers are able to avoid paying various benefits to these workers, ignore the minimum wage and overtime laws, deprive them of state and federal Family Leave laws and social security, and avoid unemployment claims. Misclassification denies states and the federal government many millions of dollars in revenues each year. States and the federal government have attempted to crack down on these abuses in the past, but now, with so much revenue at stake, their efforts are likely to take hold to many employers’ financial detriment.
What distinguishes an independent contractor from an employee? Courts and the government had looked at whether the workers’ services are an integral part of the business, the permanency of the parties’ relationship, the contractor’s investment in facilities and equipment, the degree of control exercised over the worker, whether the worker has an opportunity for profits and losses, whether the worker exercises judgement and initiative and whether the party providing the services does so through an independent business organization or operation. New Jersey now applies the ABC test. For an employer to establish that a worker is an independent contractor it must satisfy all three prongs, namely (A) that the worker is free from control or direction from the employer, (B) that the worker is providing a service outside the usual course of the employer’s business or is performing that work outside of all places of that business and (C) that the individual is customarily engaged in an independent trade, occupation or business.
Instructor: Mr. Dennis Alessi, Esq., Mr. Alessi co-chairs the Heath Care Department and represents clients in all areas of heath care law. Mr. Alessi has considerable experience in representing all types of health care and related companies, as well as individual professionals, management and billing service providers, third party administrators, industry trade associations, group purchasing organizations, surgical centers, medical groups, physicians and other health care professionals. Mr. Alessi is regularly involved in structuring of health care businesses and transactions, advising clients on compliance with complex regulations, arbitrating contractual and other disputes between health care entities or individual providers, litigating health care related issues in federal and state courts and representing companies, medical groups or individual professionals in various administrative procedures, are all within Mr. Alessi’s range of activities as a health care law specialist. Representing health care companies, medical practices and individual professionals, as well as the general business community, in all aspects of employment law, including establishing personnel policies and procedures to insure compliance with all federal and state employment-related laws and defending against employee law suits such as sexual harassment and whistle-blower claims, is another of Mr. Alessi’s specialized practice areas. Mr. Alessi received a B.A. degree from the College of William and Mary in 1971, a J.D. degree from New England School of Law in 1976 and an L.L.M., with honors, from New York University in 1980.
**The Content and format of this Continuing Education course is presented without commercial bias and does not claim superiority of any commercial product or service. No DSI Staff have a financial relationship with this speaker or company.