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

Duration: 60 minutes
Recorded on: 07/18/2023

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

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: 
Course expires: 

H. Scott Johnson Jr.

H. Scott Johnson Jr. is Senior Counsel with the firm in the Employment Law, Government Contracts, Litigation, Federal Grants, and Health Law 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. [Full Bio]

Certificates of Attendance: We verify attendance upon completion of a webinar (live or recorded version) and will only issue certificates in the name of the account holder enrolled in the course. If you need to document attendance for someone other than the account holder, we provide blank Certificates of Attendance for a supervisor to sign and certify that a different individual viewed the course. 

Group Attendance: Due to the online nature of webinars, we cannot verify participation by more than one person. For groups, we provide an attendance record form and blank Certificates of Attendance to record attendance at a group viewing session and document each individual's participation. We recommend that a supervisor or colleague sign the certificate to certify attendance. 

Read more about maintaining an attendance record in our FAQs.

Available Credit

  • 1.00 Certificate of Attendance


Please login or register to take this course.


Recorded webinars are available for 90 days after the date of purchase or date of the webinar. Once posted to your account, you can view this webinar anytime on-demand during the access period identified in your purchase confirmation. For additional information on viewing and accessing webinars, view our full terms and conditions here.


If you pay by credit card or PayPal, you will be able to access the recorded webinar immediately (unless the live webinar has not yet occurred). If you pay by check, we will grant access to the recording when we receive your check. You will receive a confirmation email once access is granted. FTLF reserves the right to suspend access to the webinar if payment is not received within 30 days. For more information on payments and registration, please visit our FAQ page.


No refunds will be provided for recorded webinars. FTLF can transfer a registration to someone else within your organization or, provided you have not already viewed the webinar, transfer the registration to another on-demand program. Where the registration fee for the new webinar is higher, you must also pay the difference between the original course and the new course registration fee at the time of transfer. Administrative fees may also apply. If your organization purchased a webinar under the account of a staff member who no longer works for your organization, please Contact Us. View our full policy on refunds and cancellations here.

Required Hardware/Software

Google Chrome and Mozilla Firefox are the preferred browsers.