In this webinar, we discuss the requirements needed to determine if a worker is an independent contractor or an employee under various federal and state regulations.  

It will start with a brief review of the basic characteristics of both types of workers. From this we discuss the Internal Revenue Service’s three categories of Evidence of Control, or what is known as the “three-factor test”, to determine whether a worker can be classified as an independent contractor under the IRS rules. This leads to a conversation about the requirements for each of these types of workers under the wage and hour rules. We then examine the IRS form that can be used to help determine the worker’s status. 

In this webinar, we will review examples of scenarios that can trigger an independent contractor audit and the penalties that can be assessed if the worker is determined to be misclassified. To complete the course, we discuss various examples of state regulations as they pertain to worker classification. This continuing education course serves as a sound basis to assist human resources, payroll, or finance professionals in determining how to properly classify a worker as an independent contractor.

Learning Objectives:-

• To define the requirements under the IRS regulations that are used to classify workers as independent contractors.
• To identify the requirements that must be met to classify a worker as an independent contractor under the federal wage and hour laws.
• To explain how to use the IRS Form SS-8 to assist in making the proper classification for a worker.
• To identify the state requirements for proper classification of workers under the ABC test.
• To list the penalties that can be assessed for misclassifying a worker.
• To identify the IRS program that can assist an employer in mitigating the penalties for misclassifying a worker The webinar has no prerequisites.

Areas Covered:-

• Classifications of workers are permitted under the IRS Rules.
• Common law rule and how is it used to determine worker status
• Three factors the IRS uses to determine worker status and how to apply them correctly
• Form SS-8 to your advantage to determine worker status