Audit Your Independent Contractors Before the Government Does
October 25, 2019
11:00 a.m. - 12:00 p.m.
Distinguishing between independent contractors and employees in California has never been an easy task for employers. And while the consequences for getting it wrong have always been significant, the stakes just got higher. In early 2019, the California Supreme Court decision in the Dynamex case was game-changing, only to be shadowed by the Governor signing legislation later that year that not only codified the Dynamix decision into the California labor code but also included a number of exceptions to the new test for independent contractor status. It’s now going to be harder than ever for employers to know which test to apply, who truly meets the legal requirements for being an independent contractor, and how to protect against the costs not only of a government audit but also a labor commissioner claim or even lawsuits over employment taxes, minimum wage, benefits… and the list goes on.
Workplace Application: Come refresh your understanding about the rules regarding independent contractor classification, understand the way penalties are calculated, learn some practical how-to's that will help you establish that someone is truly a contractor, and learn how to perform an internal audit to shore up your practices before you get a costly knock on your door!
o A detailed review of the various government agency rules regarding independent contractor vs. employee classification.
o A review of the prior Borello test used in California prior to the Dynamex decision.
o A review of the new ABC test that is now the law in CA for most workers.
o A review of which types of employees are exempt from the new ABC test.
o An explanation of how audits are triggered and how penalties are calculated.
o A review of the practices for hiring and managing independent contractors to help ensure compliance.
o How to perform an internal audit.
How to correct mis-classified individuals.
Two themes are woven throughout Lauraine Bifulco's diverse career: a passion for a job well done and a zest for continual learning and improvement. Lauraine infuses Vantaggio HR with these qualities every day. When she founded the firm in 1994, Lauraine combined her rare talent in understanding what a client needs and her gift of business foresight to create a company that can service the HR and management consulting needs of small and large companies equally well. Today Vantaggio serves clients across the country from their offices in California, Hawaii, and
Her career experience helps employers realize their HR goals and adapt to the shifting HR landscape.
Lauraine is a veteran HR executive and entrepreneur with 25 years of international, corporate,
and consulting experience. Her bold career has taken her to employment and business opportunities
in Europe and multiple U.S. cities. She serves as co-chair of the California Small Business Administration's committee on Labor Issues which reviews and makes recommendations on pending labor / employment laws, keeping her abreast of legal developments.
Delivering over 30 presentations and webinars each year, Lauraine, is a well respected and highly sought after guest lecturer and speaker on a variety of Business Management and HR-related topics for both
state and national organizations including Society for Human Resource Management (SHRM), Professionals in Human Resources Association (PIHRA), American Payroll Association (APA), Northern California Human Resource Association (NCHRA), HR Star Conference and HR West Conference to name a few. She has been invited to review, develop and deliver certificate programs for SHRM, and has developed and delivered curriculum for businesses throughout the U.S.
Lauraine received a Bachelor's degree from Wellesley College and conducted
graduate level studies in linguistics at the Sorbonne in Paris.
Brenda Kasper is a founding member of Kasper & Frank LLP, a law firm representing California and multi-state employers for all of their human resources and employment law needs. She regularly advises employers of all sizes on wage and hour compliance, leaves of absence, disability accommodation, reductions in force, terminations and discipline management, employment contracts, personnel policies, and hiring issues. She also provides management and human resources training. Brenda is a former HR director so her legal advice is practical, creative and tailored to each client’s needs. She was the 2015 San Diego SHRM Board President, is an instructor for the HR Certification program at the University of California San Diego Extension and holds her SHRM-SCP and SPHR-California certifications.