Employee vs. Independent Contractor: What Employers Need to Know

HR & Payroll
Mar 10th 2025 01:00 PM ET
Jason Dinesen
60 Minutes

Details

Understanding the key distinctions between contractors and employees is essential to avoid legal and financial repercussions. This involves considering factors such as the level of control over work, the degree of independence, and the nature of the working relationship. By providing clarity on these factors, businesses can make informed decisions regarding worker classification. This topic delves into the nuances of determining the classification and offers guidance on how to navigate potential challenges, particularly in the event of an IRS audit.

This webinar will cover what the IRS looks at when auditing whether a worker is an employee or a contractor. We will cover the current “3-factor” standard the IRS uses, as well as the older “20-factor” standards. We will also discuss the relief options available if you get audited and the IRS reclassifies contractors as employees. NOTE: This webinar specifically focuses mostly on the IRS but we also talk briefly about other agencies that could audit this issue, such as the DOL or state agencies.

Key Areas -

·        Why it’s important to know the difference between contractors and employees

·        All the different ways you can get audited: IRS, DOL, and states (we focus on the IRS mostly in this webinar)

·        The IRS’s current 3-factor test

·        The older — but still referenced — 20-factor test

·        Dealing with borderline situations — are they a contractor or are they an employee?

·        Form SS-8 — what to do if an employee files one

·        IRS relief programs: Section 530; Section 3509; the voluntary compliance program

 

 

Why Should You Attend? –

IRS audits on the subject of whether a worker is a contractor, or an employee are on the rise. States are also increasing enforcement in this area. This webinar will help you tell the difference between a contractor and an employee and what to do if the IRS audits your business.

Who Should Attend? –

·        Payroll professionals

·        Office managers

·        Bookkeepers

·        Accountants

·        Accounting Personnel

·        CFO’s

·        Attorneys who are Dealing with Payroll Process

 

 

 

Credits

teacher-image

Jason Dinesen

EA, LPA
Jason Dinesen (EA, LPA) is a tax nerd, entrepreneur, tax expert and a well known presenter of continuing education courses. He has an impeccable acumen for tax subjects, by virtue of which, he is known to create very well researched course materials helping individuals and businesses with accounting, bookkeeping, tax preparation, and business advisory in various industries. Known for his sharp tax interpretations, he is one of the quickest to bring the analysis of the latest tax updates and IRS guidance to the professional community. Jason has coached over 200,000 accounting, tax, and HR professionals on various topics of accounting, individual taxation, corporate taxation, professional ethics and much more. He has presented over dozens of webinars on Form 1099 (MISC & R); marriage in the tax code; tax updates; the new Form W-4, payroll updates, filing status, tax credit and other issues relating to the modern-day household setting. Moreover, Jason is known to be producing every other webinar/course a little different and updated from the previous one. No wonder, he is a top ranked presenter whose webinars and self-study course materials are very well received by the audience. He also teaches 2 classes at Simpson College, Individual Income Tax and Business Analytics.

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