Assembly Bill 2257 (“AB 2257”) was signed into law on September 4, 2020, a mere 247 days after AB5 went into effect. AB 2257 repealed and replaced AB5, Read ICON's blog for more information on what this new bill will mean to hiring entites and independent contractors.
Independent Contractor Compliance
A company has many choices regarding how it engages with its workforce, from a traditional salaried or hourly worker to an independent contractor in business for themself and is paid based on a project, deliverables, or hourly basis. As a result, companies have varying responsibilities and restrictions in classifying, onboarding, managing, paying, and offboarding their workers.
An independent contractor is a self-employed individual performing services for a company under contract. Unlike an employee, an independent contractor completes the work assigned with limited oversight or control over the performance and delivery of the work. Courts and regulatory agencies use different compliance tests to determine whether an independent contractor meets the minimum criteria to be classified as a bona fide independent contractor or if the worker must be ‘reclassified’ as an employee. ‘Reclassified’ means that the company initially classified the worker as an independent contractor. Still, the worker did not pass a compliance test and must be reclassified as an employee for purposes of that test.
For purposes of the Fair Labor Standards Act (FLSA), the US Department of Labor uses a different test to determine whether a worker is a bona fide independent contractor than a state may use to determine if a worker is eligible for unemployment compensation after their work ends. For instance, the FLSA governs whether a worker is eligible for overtime premium pay; a bona fide independent contractor is not suitable for overtime pay while an employee is qualified. If a company is compelled to reclassify a worker, the liability can be significant, ranging from back pay and penalties to attorneys’ fees and mandatory compliance training.
BE SMART, STAY IN COMPLIANCE
ICON mitigates and resolves the compliance challenges and concerns relating to the engagement and management of independent contractors, depending on the specific services sought by its customer. For instance, ICON can step in and deploy its technology to collect and analyze compliance documents, vet each contractor for compliance with applicable law, and provide complete end-to-end compliance from onboarding through offboarding. Further, ICON’s ICONpliance® technology substantially decreases onboarding times and increases worker readiness, both critical factors to a successful program.
Following are some of the key features of ICON’s compliance technology - ICONpliance®:
- ICONpliance® is built with proprietary technology, wholly-owned and provided by ICON.
- ICONpliance® is built on the law, from statutes to case law decisions to regulatory guidance.
- ICON takes meticulous care to ensure that the content in the compliance tool is written in standard English for non-lawyers. No, "legalese".
- ICONpliance® tests for compliance with laws on the Federal, state, and, if applicable, local level.
- ICONpliance® is customizable to each of our clients' individual compliance needs.
- ICONpliance® is designed to work with a broad range of customers, from mid-sized to large enterprises with multiple divisions, brands, and affiliates.
- Complete remediation process (remediation means a worker who is non-compliant is brought into compliance through a series of corrective actions and implementation of best practices).
- Elimination of testing bias.
- Elimination and/or mitigation of liability exposure.
ICON’s Compliance Team – comprised of long-standing industry professionals – is second to none.
Mark Zisholtz, Esq., MSM overseas ICON’s independent contractor compliance services. Mark is a nationally recognized speaker and expert in the independent contractor management and compliance space. He has significant experience counseling enterprise and mid-market buyers, suppliers, MSPs (managed service providers), gig/on-demand, and other technology worker platforms about independent contractor engagement, management, and compliance. Mr. Zisholtz has defended lawsuits, represented clients in regulatory proceedings before state and federal agencies, and engaged in alternative dispute resolution (arbitration and mediation) concerning independent contractor misclassification claims. Mr. Zisholtz has also handled client issues related to Fair Labor Standards Act claims, contractor pay, IP/work product ownership disputes, and other related matters.
ICON's team, led by Mr. Zisholtz, provides compliance training for our customers' managers, offers audit defense, handles escalated matters, addresses all 1099 and W9 compliance, and performs all other necessary tasks to create a positive and compliant experience for each independent contractor, their manager, and ICON's customer. For gig, on-demand, job boards, and other technology platforms that source, supply, and market-independent contractors to consumers or other businesses, don't hesitate to contact us to discuss our customized compliance solutions.
ICON is the expert in independent contractor compliance, and our track record is impeccable. We know the law, and we understand how to manage compliance and independent contractors.
Have questions and would like to discuss your unique needs? Click here to reach out to an ICON representative now and get started.
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