Employment Law

1. Employee Classification
   1. Employees vs. Independent Contractors
      1. Legal Ramifications
         1. Tax implications
            1. Employer's tax responsibilities
            2. Employee or contractor tax liabilities
         2. Benefits eligibility
            1. Health insurance
            2. Retirement plans
         3. Liability and control
            1. Employer's control over work
            2. Independent contractor freedom
      2. Criteria for Classification
         1. Behavioral control
            1. Instructions on how work is done
            2. Evaluation systems based on how the work is completed
         2. Financial control
            1. Extent of investment in equipment
            2. Unreimbursed expenses
            3. Opportunity for profit or loss
         3. Relationship of parties
            1. Written contracts and their descriptions
            2. Permanency of the relationship
   2. Exempt vs. Non-Exempt Employees
      1. Wage and Hour Implications
         1. Overtime pay requirements
            1. Calculation criteria for overtime
            2. Salary basis test
         2. Minimum wage standards
            1. Federal and state variations
            2. Enforcement and penalties
      2. Exemption Criteria
         1. Executive exemption
            1. Management duties
            2. Directing work of others
         2. Administrative exemption
            1. Office or non-manual work
            2. Decision-making authority
         3. Professional exemption
            1. Learned vs. creative professions
            2. Educational degree requirements
         4. Other exemptions
            1. Computer-related occupations
            2. Outside sales employees
   3. Impact of Misclassification
      1. Legal Penalties
         1. Fines and back taxes
         2. Corrective actions and compliance reviews
      2. Employee Rights
         1. Entitlement to benefits
         2. Claiming unpaid wages
      3. Employer Reputational Damage
         1. Public perception issues
         2. Challenges in attracting talent
   4. Common Indicators of Misclassification
      1. Over-reliance on part-time or temporary workers
      2. Job titles not aligning with actual job functions
      3. Misuse of contractor relationship for permanent roles
   5. Implications for Specific Industries
      1. Technology and gig economy
         1. Flexible work versus permanent employment
         2. Recurrent legal challenges in classification
      2. Healthcare sector
         1. Temporary staffing models
         2. Contract nurses versus salaried employees
      3. Construction and trades
         1. Project-based work
         2. Liability and safety regulations