Learn How Misclassifications Can be a Legal Nightmare for Employers!
The new independent contractor rule from the U.S. Department of Labor (DOL) could spark an increase in misclassification lawsuits and make businesses less likely to hire gig workers, according to some legal experts.
The final rule restores an earlier standard that required companies to weigh a variety of economic factors together to determine whether a worker is an employee or an independent contractor. It will take effect on March 11.
It should not be a strange test to employers. We’re back to where we were in the past. At the end of the day, it’s the courts that really have the power to make that determination about whether an employer misclassified a worker.
The new rule returns to a more employee-friendly standard, and it may usher in a wave of misclassification lawsuits under the Fair Labor Standards Act (FLSA).
The current rule prescribes a five-factor test to guide the analysis, two of which were designated as “core factors” carrying more weight:
1) nature and degree of control over the work and
2) the worker’s opportunity for profit or loss. As such, under the “core factor” test,
if these two factors point in the same direction – an independent contractor – then it is likely that the worker is properly classified as an independent contractor.
By contrast, the proposed six-factor totality test eschews any predetermined weighting. Rather, it requires that each factor be considered in light of the economic reality of the entire activity at issue. The six factors are:
- Opportunity for profit or loss depending on managerial skill
- Investments by the worker and employer
- Degree of permanence of the work relationship (including exclusivity)
- Nature and degree of control (i.e. scheduling, supervision, price setting, and ability to work for others)
- Extent to which the work performed is an integral part of the employer’s business
- Skill and business-like initiative
- It is critical for Employers and professionals to make decisions to be compliant based on the criteria above.
WHY SHOULD YOU ATTEND?
Considering this heightened scrutiny and potential narrower legal standard, it is now more important than ever to evaluate how companies structure an independent contractor relationship. It is particularly important for employers to seek guidance from experienced counsel when developing and implementing policies related to working with independent contractors.
LEARNING OBJECTIVES
- Learn how the Independent Contractor Rule will impact Employers and Independent Contractors
- Learn why it is confusing to determine and define the requirements for IC status.
- Learn about examples of employee vs Independent Contractors case studies.
- Learn how different this new rule is from the previous rule.
- Learn what the “proposed rules” include, and which proposal can make challenges for Employers and agents of employers like professionals involved in employee relations.
- Learn what the penalties are for violating classification regulations by the DOL, NLRB and IRS.
- Learn how the business communities are opposed to the new DOL Rule
- Learn what the best practices are when classifying employee vs independent contractors.
- Learn how long Employers have to put the new rule in place.
- Learn how Employers can effectively mitigate the proposed regulations.
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
Considering this heightened scrutiny and potential narrower legal standard, it is now more important than ever to evaluate how companies structure an independent contractor relationship. It is particularly important for employers to seek guidance from experienced counsel when developing and implementing policies related to working with independent contractors.
- Learn how the Independent Contractor Rule will impact Employers and Independent Contractors
- Learn why it is confusing to determine and define the requirements for IC status.
- Learn about examples of employee vs Independent Contractors case studies.
- Learn how different this new rule is from the previous rule.
- Learn what the “proposed rules” include, and which proposal can make challenges for Employers and agents of employers like professionals involved in employee relations.
- Learn what the penalties are for violating classification regulations by the DOL, NLRB and IRS.
- Learn how the business communities are opposed to the new DOL Rule
- Learn what the best practices are when classifying employee vs independent contractors.
- Learn how long Employers have to put the new rule in place.
- Learn how Employers can effectively mitigate the proposed regulations.
- All Employers
- Business Owners
- Company Leadership
- Compliance professionals
- Payroll Administrators
- HR Professionals
- Managers/Supervisors
- Anyone Interested in Being Compliant with Current Regulations
Speaker Profile
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, …
Upcoming Webinars
HIPAA Bootcamp for Health Care Providers, Professionals, an…
FFIEC BSA/AML Examination Manual: What Compliance Officers …
Essential Job Functions According to the American with Disa…
Conquer Toxic People - Learn To Protect Yourself And Get Yo…
Updated Metro 2®, e-OSCAR and the New Tougher FCRA/CFPB Com…
Introduction to Generative AI for Accountants
Dealing With Difficult People In Life & Work
Impact Assessment and Risk Management for Change Control
Surviving and Thriving Organizational Change and Loss: The …
Excel Deep Dive: Advanced Tips & Techniques – A 3-hour Work…
How to Write Effective Audit Observations: The Principles f…
FDA Regulation of Artificial Intelligence/ Machine Learning
Coming Soon - New Minimum Salary Levels for Exempt Employee…
Stressed Out: How to Handle Conflict, Difficult People and …
Marijuana: Compliance and Safety in the Workplace
Data Integrity: Compliance with 21 CFR Part 11, SaaS-Cloud,…
How to Handle Workplace Conversations Around Politics and R…
2025 Top Employment Regulations That Will Impact Employers!
SOPs - How to Write Them to Satisfy those Inspectors
Improving Employee Engagement & Retention Through Stay Inte…
Why EBITDA Doesn't Spell Cash Flow and What Does
How to Give Corrective Feedback: The CARE Model - Eliminati…
Marketing to Medicare or Medicaid Beneficiaries - What You …
Documenting Misconduct that Will Stand Up in Court
With Mandatory Paid Leave Gaining Ground Is It Time To Do A…
Human Error Reduction Techniques for Floor Supervisors
Tattoos, hijabs, piercings, and pink hair: The challenges …
Trial Master File (TMF)/eTMF, & FDAs Draft Guidance for Ele…
Project Management for Non-Project Managers - How to commun…
Unlock Employee Loyalty: Stay Interviews Will Keep Them Eng…
Sunshine Act Reporting - Clarification for Clinical Research
Female to Female Hostility @Workplace: All you Need to Know
Humane Layoffs: How to Let People Go with Compassion and De…
Onboarding is NOT Orientation - How to Improve the New Empl…
Managing Toxic & Other Employees Who Have Attitude Issues
Building GMP Excellence: A Guide to Implementing Compliant …
Excel Power Skills: Master Functions, Formulas, and Macros …