Facebook-f Linkedin-in
(800) 679-2760

News & Events

Q & A

HR MATTERS NEWSLETTER November 2026

Q: An employee attended a conference that pushed her over 40 hours for the week. Does overtime apply? Can I adopt a policy that conference hours don’t count toward overtime?

A: Yes, overtime generally applies, and no, a policy can’t change that. Under federal law, time spent at a conference or training counts as hours worked unless all four of these conditions are met:

  • Attendance is outside the employee’s regular working hours.
  • Attendance is truly voluntary.
  • The course isn’t directly related to the employee’s job.
  • The employee does no productive work while attending.

When those conditions are not met, the time is generally work time. Once it’s work time, it counts toward overtime the same as any other work hours. Employers can’t waive overtime by policy or by agreement with the employee.

Check state law: a few states require daily overtime. Conference time that goes over any daily or weekly limit must be paid as overtime.

Q: Can I classify a worker as an independent contractor?

A: That decision isn’t yours alone. Whether someone is an employee or a contractor depends on the actual working relationship, not on job titles, signed agreements, or a 1099. Agencies look at factors like who controls how, when, and where the work is done, who provides the equipment, and whether the person runs an independent business serving multiple clients. To name only a few criteria. 

The IRS, the Department of Labor, and state agencies each apply their own tests. Some states use a strict “ABC” test that makes contractor status very difficult to establish. A worker who follows your schedule, uses your equipment, and performs work central to your business is almost certainly an employee.

Getting this wrong can mean back wages, overtime, taxes, and penalties. When in doubt, classify the person as an employee.

Browse

Protect Your Practice: Rely on Us for HR Compliance

Contact Us
Join Our Newsletter
Subscribe