Misclassifying an employee as an independent contractor can be a legal nightmare. This 90-minute webinar explains the U.S. Department of Labor's 2024 final rule on employee vs independent contractor status under the Fair Labor Standards Act (FLSA).
The rule moved away from a five-factor test that gave extra weight to two core factors, control over the work and the worker's opportunity for profit or loss, and returned to a totality-of-the-circumstances approach. Six factors are weighed together against the economic reality of the work: profit or loss tied to managerial skill, investments by worker and employer, permanence of the relationship, control, whether the work is integral to the business, and skill and initiative.
Some legal experts expect the more employee-friendly standard to bring more misclassification lawsuits, and courts have the final say on classification.
WHY SHOULD YOU ATTEND?
With closer scrutiny and a potentially narrower standard, employers need to review how they structure independent contractor relationships and seek experienced counsel when setting contractor policies.
This session suits employers, business owners, company leaders, compliance and HR professionals, payroll administrators and managers who want to classify workers correctly and limit risk.
AREA COVERED
- How the independent contractor rule affects employers and contractors
- Why defining independent contractor status is confusing
- Employee vs independent contractor case studies
- How the rule differs from the previous rule
- What the proposals included and which create challenges for employers and employee relations professionals
- Penalties for misclassification from the DOL, NLRB and IRS
- Business community opposition to the DOL rule
- Best practices for classifying employees and independent contractors
- The timeline for employers to implement the rule
- How employers can reduce their exposure under the rule
LEARNING OBJECTIVES
- Explain how the 2024 DOL rule affects employers and independent contractors
- Apply the six-factor economic reality test to worker relationships
- Compare the rule with the earlier core-factor test
- Identify DOL, NLRB and IRS penalties for misclassification
- Use best practices to classify workers and reduce misclassification risk
WHO WILL BENEFIT?
- All Employers
- Business Owners
- Company Leadership
- Compliance professionals
- Payroll Administrators
- HR Professionals
- Managers/Supervisors
- Anyone Interested in Being Compliant with Current Regulations
With closer scrutiny and a potentially narrower standard, employers need to review how they structure independent contractor relationships and seek experienced counsel when setting contractor policies.
This session suits employers, business owners, company leaders, compliance and HR professionals, payroll administrators and managers who want to classify workers correctly and limit risk.
- How the independent contractor rule affects employers and contractors
- Why defining independent contractor status is confusing
- Employee vs independent contractor case studies
- How the rule differs from the previous rule
- What the proposals included and which create challenges for employers and employee relations professionals
- Penalties for misclassification from the DOL, NLRB and IRS
- Business community opposition to the DOL rule
- Best practices for classifying employees and independent contractors
- The timeline for employers to implement the rule
- How employers can reduce their exposure under the rule
- Explain how the 2024 DOL rule affects employers and independent contractors
- Apply the six-factor economic reality test to worker relationships
- Compare the rule with the earlier core-factor test
- Identify DOL, NLRB and IRS penalties for misclassification
- Use best practices to classify workers and reduce misclassification risk
- All Employers
- Business Owners
- Company Leadership
- Compliance professionals
- Payroll Administrators
- HR Professionals
- Managers/Supervisors
- Anyone Interested in Being Compliant with Current Regulations