Advantage CPD: Strategic Considerations for Employers: Understanding the Nuances Between Independent and Dependent Contractors and Employees

The classification of workers can have significant implications for employers, from compensation to risk management. This seminar will assist employers in navigating the strategic considerations that factor into organizing the workplace in a manner that best achieves their goals.

Employers are often faced with decisions regarding classifying workers as either independent or dependent contractors or employees. It is important for employers to understand the factors and criteria that determine the correct classification of workers given that misclassification can bring significant business risks for an organization. The consequences of misclassifying can include expensive claims in litigation and even class action litigation.

In this session, we will review the key factors which help determine whether someone is an independent contractor, a dependent contractor or an employee. We will discuss:

• how your classification of a worker impacts your relationship during hiring, firing and every stage in between
• the business risks that can arise if you misclassify a worker
• the strategies to mitigate such risks

We will conclude with a discussion on restrictive covenants, including non-solicitation clauses and confidentiality obligations.