Human Resource & Labor News
www.agc.orgJune 15, 2010 / Issue No. 3-10
AGC Home Page
Email our Editor
Search Back Issues
Forward to a Friend
Printer Friendly
On the Inside
Labor Relations
New Contract Clause and Posting Requirement for Federal Contractors
Court Upholds Large Arbitration Award for Unionís Breach of Most-Favored Nation Clause
Compliance & Enforcement
New Health Care Law Requires Accommodations for Nursing Mothers; May Pose Challenge for Construction Industry
IRS Asks Employers to Answer 401 (k) Questionnaire; Employers Should Proceed With Caution
DOL Updates Web-based Compliance Tool to Help Employers Understand and Comply with Laws
AGC Represents Contractors at Wage and Hour Division Stakeholder Forum
Number of Green-Zone Multiemployer Pension Plans Up From 2009 but Still Down From 2008
Hiring & Firing
IRS Releases Updated HIRE Act FAQs and Revised W-2 & W-3 Forms for Employers
Professional Development
Registration Open for HR Professionals Conference and Training and Development Conference
AGC Provides Training to Help Contractors Avoid Worker Misclassification Liability
AGC Provides Training to Help Contractors Avoid Worker Misclassification Liability

Several new laws and enforcement initiatives pose challenges for employers seeking to control costs in a difficult economy.   While many employers rely on independent contractors and exempt employees as a legitimate method of minimizing human capital costs, many circumstances must be considered when classifying workers as independent contractors or exempt employees to avoid legal pitfalls.  AGC's two-part webinar series, "Worker Misclassification: What Every Contractor Needs to Know," provided training for contractors on these topics and is now available for purchase in AGC's online bookstore. 

The first part of the series focused solely on misclassifying employees as independent contractors.  HR consultant, Kathy Albarado of Helios HR partnered with tax consultant Laurence C. Rubin of Aronson & Company and employment law attorney David Whitlock of Elarbee Thompson LLP to help construction employers determine the appropriate means of identifying independent contractors from the perspectives of both the Internal Revenue Service and the U.S. Department of Labor.   Specific attention was given to the various tests that are used to make such determinations, common "red flags" that employers should look out for, enforcement initiatives, consequences of misclassifications, and the steps needed to correct any misclassifications that are identified during a self-audit. 

Kathy Albarado again partnered with employment law attorney and Fair Labor Standards Act (FLSA) expert Tami Earnhart of Ice Miller LLP for the second part of the series on misclassifying employees as exempt under the FLSA rather than non-exempt, and shared with contractors the top three FLSA concerns for construction contractors.  Each of the FLSA exemptions (i.e. executive, administrative, professional, learned professional, sales, computer-related and highly compensated workers) was also discussed in detail with a specific focus given to "grey areas" that exist in the construction industry, including the classification concerns for field supervisors and project superintendents.  Some other areas discussed include waiting, travel, on-call and training times, meal and rest periods, and time spent receiving medical attention or complaining.

Both sessions provide modern examples and court cases related to the construction industry and offer suggestions for "best practices," including tips for conducting self-audits.
Return to Top

2300 Wilson Boulevard, Suite 400 • Arlington, VA 22201 • 703.548.3118 (phone) • 703.548.3119 (fax) •
AGC Home | About AGC | Advocacy | Industry Topics | Construction Markets | Programs & Events | Career Development | News & Media

To ensure delivery of AGC’s Human Resource & Labor News, please add '' to your email address book or Safe Sender List. If you are still having problems receiving our communications, visit our white-listing page for more details.

© Copyright The Associated General Contractors (AGC) of America. All Rights Reserved.

The Associated General Contractors of America | Quality People. Quality Projects.