How DOL's New Independent Contractor Rule Will Change Your Compliance Obligations Under the Fair Labor Standards Act

July 18, 2023

Access the on-demand webinar here.


In October 2022, the Department of Labor (DOL) finally issued a proposed rule for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The proposed rule, titled “Employee or Independent Contractor Classification Under the Fair Labor Standards Act,” would rescind the employer-friendly test that was adopted by the previous administration in January 2021 and return to a classification model that makes it more difficult for employers to classify workers as independent contractors.

As the FLSA, which sets the minimum wage and overtime requirements, applies to employees and not independent contractors, the proposed rule, should it survive the regulatory process, could have a profound financial impact on employers. Specifically, employers would have to reassess their worker classifications under the new rule and potentially reclassify independent contractors as employees. As employees generally receive benefits, higher wages, and certain protections under federal employment laws, the reclassification process could be costly to employers.

This webinar will:

  • Provide an overview of DOL’s current independent contractor rule
  • Outline and explain DOL’s new independent contractor rule, including the six-factors that will determine whether a worker is an employee or an independent contractor
  • Discuss the impact of this proposed rule on businesses, including the potential ramifications for failing to properly reclassify workers
  • Provide recommended best practices for complying with this new rule and reclassifying workers who may currently be classified as independent contractors

Please note: This webinar is offered as a complimentary product to all Employment Law and Human Resources Compliance and Training Package holders. For more information on the training package, click here or Contact Us.

Target Audience

  • Human Resources Managers and Staff
  • “C-Suite” Leadership: CEOs, CFOs, CMOs, COOs, and CCOs
  • Directors and Supervisors
  • Compliance Officers
  • Risk Managers
  • In-House Legal Counsel

Learning Objectives

After this webinar, you will be able to:

  • Understand the intricacies of DOL’s proposed rule for independent contractors
  • Understand the practical ramifications of misclassifying and failing to reclassify workers as independent contractors or employees
  • Identify issues with the manner in which your organization currently classifies workers
  • Apply best practices to formulate policies that will mitigate your organization’s liability once the proposed rule becomes final
Course summary
Available credit: 
  • 1.00 Certificate of Attendance
Course opens: 
11/07/2022
Course expires: 
10/19/2023
Event starts: 
07/18/2023 - 1:00pm EDT
Event ends: 
07/18/2023 - 2:00pm EDT
Cost:
$175.00

H. Scott Johnson Jr.

As of September 2023, H. Scott Johnson is no longer with the firm.

H. Scott Johnson Jr. is Senior Counsel with the firm in the Employment Law, Government Contracts, Litigation, Federal Grants, and Health Care practice groups. Scott maintains an active practice advising business and institutional clients on employment matters, commercial agreements, government contracts, and risk management. In addition to his corporate practice, Scott is also well-regarded for his employment and complex civil litigation practice. His complex civil litigation experience includes representing businesses in a wide variety of contract disputes and business torts including tortious interference, breach of fiduciary duty, civil conspiracy, defamation, fraud, and misappropriation of trade secrets. 

Professional Development Credits (PDC)

Participants can earn up to 1.00 PDC.

Feldesman Tucker Leifer Fidell LLP is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.

Participants can earn up to 1.20 CPE credits in Specialized Knowledge and Applications upon completion of all course requirements.

ATTENDEE REQUIREMENTS FOR CPE CREDIT

If you purchase CPE credit for this webinar you must satisfy the following conditions in order to receive your certificate:

  1. Answer at least 3 of the 5 polling questions during the webinar
  2. Complete the evaluation survey after the conclusion of the webinar or in the follow-up email

Upon completion of these requirements, FTLF will email you your CPE Certificate within seven (7) business days.

ADDITIONAL INFORMATION

  • Prerequisites: None 
  • Target Audience: Human Resources Managers and Staff, “C-Suite” Leadership: CEOs, CFOs, CMOs, COOs, and CCOs, Directors and Supervisors, Compliance Officers, Risk Managers, In-House Legal Counsel  
  • Advanced Preparation: None  
  • Program Level: All
  • Delivery Method: Group Internet Based
  • Attendance Requirements: In order to be awarded the full credits, you must respond to three (3) out of five (5) polling questions.

Feldesman Tucker Leifer Fidell LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website www.nasbaregistry.org (formerly www.learningmarket.org).

Available Credit

  • 1.00 Certificate of Attendance

Price

Cost:
$175.00
Please login or register to take this course.

This program will consist of a substantive presentation followed by a question and answer period. To ensure that questions are answered, attendees are encouraged to submit their questions in advance of this webinar.


Access to the recorded version of this webinar is included in your purchase.

ACCESSING THE RECORDING

The recorded version of this webinar will be available within seven (7) business days after the conclusion of the live event. You will have access to the recording for 90 days after the live webinar has concluded. Once posted to your account, you can view this webinar anytime on-demand during the access period identified in the Recorded Webinar Now Available email. For additional information on viewing and accessing webinars, view our full terms and conditions here.


PAYMENT POLICY

All registrations made the day of a live webinar must be completed using a credit card or PayPal. We do not accept check payments or purchase orders for live webinars on the day of the webinar. If you wish to pay by check, please register in enough time for your check to reach our office; we must receive your check before we grant access to the webinar. If we receive your check after the live webinar, we will grant you access to the recorded webinar. For the most current information, please visit our FAQ page.


REFUNDS/ CANCELLATIONS

For orders of live webinars, FTLF will issue a full refund for cancellations requested at least one week PRIOR to the live webinar. We do not provide refunds for no-shows; however, you may request access to the recorded version of the webinar. If you ordered the wrong webinar and need to transfer your registration to a different program, please Contact Us. View our full policy on refunds and cancellations on our FAQ page.

Required Hardware/Software

Google Chrome and Mozilla Firefox are the preferred browsers.