Justia Connect Webinars Risk and Responsibility in Remote Employment: A Legal Perspective

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Overview AI Webinar Summary

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.

Duration of this webinar: 60 minutes

Originally broadcast: January 19, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

The speaker, Nance L. Schick, is an attorney and conflict resolution expert who will discuss risk and responsibility in remote employment. Nance outlines the topics to be covered, including worker classification, financial and contractual risks, and ethical implications in remote work. She emphasizes the importance of understanding these issues for managing both traditional and remote workforces effectively.

07:26 Worker Classification in Remote Employment

Nance aims to help participants identify classification distinctions for remote workers and assess financial costs and compliance risks. She stresses the importance of understanding worker classification to avoid misclassification and related legal issues. The discussion focuses on the control versus independence dynamic in remote work and the implications for worker classification.

11:07 IRS and Department of Labor Tests

Nance discusses the IRS Common Law test, emphasizing behavioral and financial control as key factors in determining worker status. She explains the importance of contracts and the need for businesses to protect themselves from misclassification penalties. The Department of Labor's economic realities test is introduced, focusing on the integral nature of the worker's role and the permanency of the relationship. Nance advises on assessing the worker's investment in their own facilities and equipment to determine independence. She highlights the need for businesses to minimize risks by ensuring compliance with both IRS and Department of Labor standards.

23:29 State-Specific Tests and Compliance

Nance explains the state-specific ABC test for worker classification, emphasizing the need to check compliance in each state where workers are located. She discusses the importance of autonomy and the distinction between the result and process in determining worker status. The Construction Industry Fair Play Act is mentioned as a guide for assessing worker classification in New York. Nance advises on considering factors like profits, losses, and the worker's representation of the business in determining classification.

36:31 Financial and Contractual Risks

Nance discusses the financial and contractual risks associated with remote work, including wage and hour violations and penalties. She highlights the importance of complying with laws like the Earned Safe and Sick Time Act and paid prenatal leave requirements. Misclassification can lead to significant financial penalties and legal liabilities for businesses. Nance emphasizes the need for thorough analysis and compliance to avoid costly mistakes and protect workers' rights.

41:21 Freelance Isn't Free Act and Legal Implications

Nance explains the Freelance Isn't Free Act, which requires clear contracts and timely payment for freelancers in New York. The Act provides freelancers with a fast track to recover earnings and protection from retaliation. Nance notes that attorneys and certain professionals are exempt from the Act's protections. She advises on the importance of using compliant contracts and maintaining clear relationships with freelancers.

47:00 Best Practices and Ethical Considerations

Nance emphasizes the importance of using compliant contract templates and training staff to assess worker classification accurately. She advises on leveraging technology for contract management and ensuring compliance with employment laws. Ethical considerations are highlighted, with a focus on avoiding misclassification and maintaining public trust in the legal system. Nance discusses the potential disciplinary consequences for attorneys who misclassify workers or fail to comply with legal obligations.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

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

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Alabama CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: January 18, 2028

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: January 18, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: January 18, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: January 18, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

West Virginia CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: December 31, 2029

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 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.

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