"Mythbusters: Employment Law Edition" was presented by Kailee Goold on November 18, 2014 for the Women Presidents' Organization (Columbus, Ohio chapter). Kailee discussed the two most common employment law mistakes, misclassifying employees as independent contractors and which employees are exempt from wage and hour laws. She then examined how companies can prevent or fix those common mistakes.

1. z
Employment Law Edition
presented by Kailee Goold

2. z
Independent
Contractor Employee
Exempt
Non-
Exempt

3. z
Myth
Our independent contractors are really
independent contractors

4. z
Risks of Misclassification
Employment
Taxes
Wage + Hour
Liability
Benefits
Workers’
Comp
Health Care

5. z
CONTROL
What’s the Difference?

6. z
Relationship
of Parties Control
Behavioral Financial

7. Behavioral Control
Right to control work?
Training or instruction?
Supervising?
Same work as employees?
Where work done?
Who sets the hours?

8. Financial Control
How paid?
Investment by worker?
Receive benefits?
Ability to profit or loss?
Expenses paid?

9. Relationship of Parties
Working for other companies?
Length or term?
Limits on termination?
Degree of business integration?

10. z
Reduce Risk of Misclassification
+ Before work begins
+ Structure like a business relationship
+ Payment terms
+ Taxes
+ Termination
Self-Audit
Contracts with ICs

11. z
Independent
Contractor Employee
Exempt
Non-
Exempt

12. z
Myth
She is salaried
so she doesn’t get overtime

13. z
Wage + Hour Laws
Non-exempt
Minimum
Wage
Overtime
Exempt

14. Salary ≠ Exempt

15. Salary
Test
Duties
Test
Exempt

16. z
Salary Test
$455/week
Duties Test
Executive
Administrative
Professional
Computer Professional
Exempt if…

17. z
Connect +
Stay Informed
Kailee Goold
Kegler Brown Hill + Ritter
kgoold@keglerbrown.com
keglerbrown.com/goold
614.462.5479
@KaileeGoold
linkedin.com/in/kaileegoold