CLE
Nance Schick
Nance Schick Third Ear Conflict Resolution
Risk and Responsibility in Remote Employment A Legal Perspective
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Premieres January 19, 1:00 PM ET/10:00 AM PT
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Risk and Responsibility in Remote Employment: A Legal Perspective

This program explores the critical employment law risks and ethical issues facing attorneys and law firms as they manage staff, independent contractors, and gig workers in a remote or virtual environment. The shift to remote practice significantly amplifies legal and compliance complexity, particularly regarding worker classification across jurisdictions.

Attendees will learn how misclassification of remote workers can lead to substantial financial liabilities, including back wages, overtime violations, and severe penalties for failure to secure mandatory workers' compensation and disability insurance. The course provides practical strategies for managing remote freelance professionals, detailing the mandate for written contracts and payment protections under laws like New York's Freelance Isn't Free Act (FIFA).

Furthermore, the program addresses the severe ethical implications of non compliant practices, discussing how employment missteps — whether at the firm or in personal affairs — can lead to attorney discipline under rules prohibiting dishonest conduct (ABA Model Rule 8.4). This course is essential for attorneys in leadership roles or those engaging any form of remote worker, providing the knowledge necessary to foster compliant, fair, and respectful work arrangements while safeguarding their license and professional reputation.

Topics covered include:
Employment Law Law Firm Management Law Practice
Agenda:
  • Introductory Overview
    • The Core Risk: Critical employment law risks and ethical issues for attorneys managing workers in law firms, homes, and side businesses.

  • Worker Misclassification in Remote Work
    • Key Learning Objective: Identify the legal distinctions between employees and independent contractors.
    • The "Greater Public Interest" in Worker Protections
    • Federal Tests: IRS Common Law and DOL Economic Realities Test (Control, Financial, Relationship)
    • State-Specific Tests (e.g., ABC Test) and NY 12-Part Test
    • Case Study: Analyzing the Virtual Paralegal Scenario

  • Financial and Contractual Risks
    • Key Learning Objective: Assess financial costs and apply best practices for freelance workers.
    • Costs of Misclassification: Wage & Hour Violations (min wage, overtime, sick leave) and Penalties (e.g., insurance failure)
    • New York’s Freelance Isn’t Free Act (FIFA): Purpose and Scope (>$800, written contracts, 30-day payment)
      • FIFA Exceptions and Costs (Double Damages, Fines, Reputational Harm)
    • Case Study: Applying FIFA to Freelance Legal Services

  • Ethical Implications
    • Key Learning Objective: Explore the ethical implications of employment practices.
    • The Attorney's Higher Standard: Upholding the Law & Public Trust
    • ABA Model Rule 8.4: Misrepresentation and Deceptive Conduct (Misclassification, Avoiding Insurance)
    • ABA Model Rule 5.6: Restricting the Practice of Law (Non-Compete Agreements)
    • Case Study: Personal Conduct Penalties and Attorney Discipline
    • Best Practices: Compliance, Risk Management, and Culture

  • Questions & Answers (as time permits)
Read More ›
Duration of this webinar: 60 minutes
When: Premieres in 5 days | January 19, 2026 10:00 AM PT
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Speaker
Nance Schick
Nance Schick Employment Attorney and Mediator
Third Ear Conflict Resolution

Nance L. Schick, Esq. is an award-winning attorney, author, and conflict resolution professional dedicated to helping licensed professionals manage critical risks in employment and leadership practices. As founder of Third Ear Conflict Resolution, Nance has advised lawyers, funeral directors, medical providers, and social workers on mitigating complex legal, financial, and ethical liabilities associated with managing both traditional and remote workforces. Read More ›

Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

Alabama CLE

Status: Approved

Credits: 1.00 General

California CLE

Status: Approved

Credits: 1.00 General

Hawaii CLE

Status: Approved

Credits: 1.00 General

Illinois CLE

Status: Approved

Credits: 1.00 General

Missouri CLE

Status: Approved

Credits: 1.20 General

New Jersey CLE

Status: Approved

Credits: 1.20 General

North Carolina CLE

Status: Approved

Credits: 1.00 General

North Dakota CLE

Status: Approved

Credits: 1.00 Ethics

Ohio CLE

Status: Approved

Credits: 1.00 General

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Texas CLE

Status: Approved

Credits: 1.00 General

West Virginia CLE

Status: Approved

Credits: 1.20 General


This presentation is approved for one hour of General CLE credit in Alabama, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in Missouri, one hour of General CLE credit in North Carolina, one hour of Ethics CLE credit in North Dakota, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

Looking for CLE credit? Visit CLE Dashboard CLE Accreditation
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