Independent Contractor vs Employee - New, Simplified Rules for Worker Classification

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Uber, Lyft and other “Gig Economy” businesses have experienced huge success in the new millennium. A big part of the reason why is that they classify a large majority of their workers as independent contractors. But that business model is in danger. Many states are attacking the worker classification model, asking courts to mandate that their workers, usually drivers, are classified as employees.

Are you a food delivery service, or other business involved in the Gig Economy? Do you treat large classes of workers as independent contractors? If so, it would do you well to understand the simplified tests involved in classification. On the federal side, you can request a determination that prevents auditors from reclassifying your workers for you. There are also provisions that limit your liability if you want to reclassify them yourself. 

Join Mark at the webinar. You will learn how to take a critical look at your independent contractors, helping you determine who you should put on your payroll instead. You will learn what states are joining forces for mandatory employment vs those that grant more freedom to employers. You will be given best practices for protecting yourself from auditors and employees who find themselves wanting the safety nets provided by Unemployment Insurance and Workers Compensation Insurance. Mostly, you will come away armed with the knowledge that, when ignored, results in the bankruptcy of otherwise vibrant companies.


Topics covered in this presentation include

  • Details on the 3 factor test used by the IRS. How to evaluate which factors are most important.
  • What courts look at in tax cases
  • How to document your determination. How to request a voluntary reclassification.
  • IRS form SS-8
  • Specifics on Uber and Lyft cases, and other cases where workers were found to be misclassified.
  • Other definitions of I/C’s used by states and the DOL.
  • How to minimize audit risk of misclassification. How to evaluate your audit risk.


  • After this webinar, you will be able to:
  • Understand the new, simplified IRS rules for determining whether a worker is an employee or an independent contractor.
  • Be able to determine if those workers you currently treat as independent contractors should be reclassified as employees.
  • Know where to go to determine State rules on the same.
  • Teach hiring managers how to know who to put on payroll.


  • Hiring Managers
  • HR Professionals
  • Payroll Professionals
  • Executive Management
  • Self Employed Individuals.

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Get in touch

(315) 632-0735,
(315) 750-4379