Employee Misclassification Law

This comprehensive course provides an in-depth examination of the complexities surrounding employee misclassification law. Students will gain a thorough understanding of the legal framework, including the objectives of the legislation, common pitfalls, and new regulatory changes.

Key topics include:

• Understanding the Act: Learn about the legislative intentions and impacts from both proponents and opponents, including how the law seeks to protect workers and level the playing field without eliminating subcontracting.
• Defining Misclassification: Explore what constitutes employee misclassification and the legal repercussions of failing to correctly classify or treat workers.
• Penalties and Enforcement: Understand the significant fines, compensatory damages, and new powers granted to the Department of Labor and Industry (DOLI) to issue stop work orders and enforce compliance.
• Wage Theft and Protections: Review updates on wage theft prevention, protections for construction workers, and new tests for independent contractor status.
• Liability and Compliance: Delve into successor liability, revised independent contractor tests, and how to ensure compliance to avoid costly penalties.

Course Outline

• Introduction
• Understanding the Act
  • What is Employee Misclassification?
  • Penalties for Employee Misclassification
  • DOLI's New Powers
  • Successor Liability
• Wage Theft Prevention Act 2019
  • Wage Protection for Construction Workers 2023
• New 14-Factor Test vs. 9-Factor Test
  • Liability for Failure to meet 14-Factor Test
  • IC Test Revised (July 1, 2024)
• Independent Contractor Administrative Rule
• Conclusion

Learner Objectives

By the end of the course, students will be equipped to navigate the evolving landscape of employment classification, manage risks effectively, and ensure adherence to new regulatory standards.

Quiz Info

In order to receive continuing education credit(s), you will need to take a 10-question quiz after each hour of the course. To pass each quiz, you will need to achieve a score of 70% or higher. If you are unsuccessful, you will have an opportunity to repeat the quiz. Once you have successfully completed the course, you can download your continuing education certificate(s) showing the credit(s) that you have earned.

Credit Info

This course is approved for one hour of MN residential contractor, remodeler, and roofer continuing education by the Minnesota Department of Labor & Industry, including the required business management credit. This course is approved for one hour of WI Dwelling Contractor Qualifier CE by the Wisconsin Dept. of Safety & Professional Services. 

If you are eligible to receive continuing education credits, your information will be electronically reported to the appropriate agency within 3 business days of course completion.

Access Info

Your online course is accessible 24/7. The course will be available to you for 180 days from purchase date.

Questions and Comments

Questions and comments related to the curriculum for this course may be submitted to the instructor at education@housingfirstmn.org.