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20240118 | DE Masterclass Employment Law Roundtable: Who is an Employee 

01-18-2024 03:27 PM

For closed captioning, please view the recording here: If you need HRCI or SHRM credits after viewing this recording, please email to request the corresponding Program IDs.

In this two-part DirectEmployers Masterclass Roundtable, Candee Chambers will lead Part I: a 60-minute discussion of “Who is a Common Law Employee”.

In PART I (this month), Candee will lead a discussion of:

• who is a “Common Law Employee” protected by the civil rights laws the EEOC and OFCCP enforce and by the Affirmative Action Plan Rules OFCCP uniquely enforces;

• how Human Resources, Talent Acquisition, and Compliance personnel, in addition to corporate lawyers, may distinguish a “Common Law Employee” from an “employee” the federal Fair Labor Standards Act protects based on the “Economic Realities” test for wage and hour law purposes;

• the narrow circumstances in which a “worker” (neutral term) might qualify as a “Volunteer” and not as a “Common Law Employee;”

• the unique circumstances of an “intern” who may be either a “Common Law Employee” subject to the civil rights laws but not necessarily to wage-hour law, an “employee” who is economically dependent on the employer and is subject to the wage-hour laws but not to civil rights laws, or a “Volunteer” not subject to the civil rights or wage-hour laws; and

• how to recognize a “joint employer” relationship under the changing legal tests the Biden Administration is currently sponsoring for use in federal employment laws.

Guest Panelists:

Dennis Duffy, Esq., a Director of Kane Russell Coleman Logan in its Houston, Texas offices will join the panel. Dennis has much practical experience with the issue of who is an “employee” in the context of designing Affirmative Action Plans and in litigation of the issue under a variety of federal law statutes.

John C. Fox, Esq. is a Partner at Fox, Wang & Morgan P.C. John will join the panel to describe the legal elements practitioners need to know to parse “fish from fowl” when trying to distinguish Common Law “employees” from Volunteers and Independent Contractors.


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