LERN Member Weblog

Exclusive Marsello Cheesehead and Brewery Tour Photos!

After enjoying a veggie brat. No photos were allowed of him drinking a Pabst Blue Ribbon.

Exclusive Marsello Cheesehead and Brewery Tour Photos!

Mr. Marsello did not allow any photos of him drinking Miller Lite.

Exclusive Marsello Cheesehead and Brewery Tour Photos!

  Greg outside of Lambeau Field. He was actually the first one at the stadium, arriving four hours before the game.

IRS Investigating Programs over Independent Contractor Teacher Status

    There are new reports of the Internal Revenue Service (IRS) in the United States investigating continuing education and lifelong learning programs over the Independent Contractor status of their teachers and presenters.

   The City of Dana Point, California, is one of the latest organizations to be investigated. According to another LERN member, the IRS ruled that the recreation instructors are employees. The City of Dana Point is appealing the decision.

   The IRS has frequently ruled that teachers in continuing education and lifelong learning programs should be classified as employees, not independent contractors, reports Julie Coates, Vice President of Information Services at LERN.

   “I have worked with several programs on this issue in the past,” she notes, “and the IRS ruled against all of them. They have just tended to rule against programs classifying instructors as contractors.” 

   “We need to caution our members to document their processes to be prepared in the event of an audit.”   

   The IRS has 20 criteria for being an Independent Contractor.  Legal experts say programs should understand those criteria and be ready to defend why and how their instructors and presenters meet those criteria.

Increased cost to employee status|
  “There is a high cost increase and additional time in having instructors as employees instead of independent contractors,” notes Greg Marsello of LERN.  The added costs in taxes and benefits make teacher pay more expensive.

 More time too
   Marsello also says that the increased paperwork of employee status could also delay programs in lining up instructors as human resource departments take time in processing the paperwork. 

 Threat to lifelong learning
   That can translate into fewer classes and learners served as the average class size has declined over the past decade, meaning that classes with only a few students may now have to be cancelled.  “This could reduce classes and registrations in lifelong learning programs by as much as 20%,” estimates William A. Draves, LERN President.

   “This is a threat to lifelong learning, professional development and personal development of citizens in our society,” he notes.

   While the percentage of citizens in the U.S. taking lifelong learning courses tripled from the 1970s to the 1990s, it slowed in the 1990s and stopped dead in its tracks around 2000. “We might even be slipping backward with the registration declines in the two recessions of the past decade,” suggests Draves.

   Educating fewer of our population is not a good direction for our society, he notes.

 What to do
   LERN does not offer legal advice.  But from information gathered from programs, it looks like  programs should:

1.Review status of any and all personnel;

2.Prepare a defense for any teachers, presenters or other staff classified as Independent Contractors;

3.Develop a back up plan if Independent Contractors have to be reclassified as employees.

   As Julie Coates says, “It’s time to get your ducks in a row.”

 

 

 

More Savannah conference Photos

Here's more photos from the big LERN conference in Savannah.  If you have a photo, send it to us at draves@lern.org.  Enjoy!

Marsello Bobble-head a hit

To celebrate LERN's 35th anniversary, co-founder Greg Marsello was given a personalized bobble-head at the opening session. Everyone loved it.

LERN Leaders pioneer new era

LERN leaders pioneered a new era in continuing education and lifelong learning.  First, they identified the new era.  Second, many of them are the most successful practitioners and are doing very innovative cutting edge programming.  Below, Mark Mrozinski of Palatine, IL, talks with Marquetta Finley of Tulsa at the LERN Leader Retreat.

More than 660 listen to Live Webinars

A first ever, we broadcast Live Webinars from the conference for over 660 people not able to be at the conference.  If programs sent one person, the rest of the staff back home got to listen FREE.  John Allen, LERN senior technician, monitored the webinars.  Fred Bayley is presenting.

First Platinum Exhibitor loved the conference

This is the first year we had upscale exhibitor levels. Our first Platinum exhibitor was Dr. Wendy Flint of Boston Reed College.  They did so well they signed up to be Platinum exhibitor for next year's conference in Chicago.  Said Wendy about being at the LERN 2010 conference, "I'm there."

The kids were great!

The Savannah College of Art and Design (SCAD) has one of the best digital media programs in the country. Six SCAD students presented New Media, terrific new kinds of digital media that someday will be in your classes and promoting your programs. A first for LERN, thanks kids.