Independent Contractor or Employee? DOL's New Classification Test
In response to the changing workforce driven by COVID-19, the DOL has developed a new rule that impacts how employers determine if a worker is an employee or an independent contractor. A major catalyst of this new rule is the boom in the gig economy, and employers utilizing independent contractors to keep their businesses operating.
In addition to the proposed DOL rule, many states are adopting their own rules and criteria for identifying independent contractors. The rigorous ABC test, which took effect this year in California, is also pending or under consideration in numerous other states. Employers need to understand the new rules for classifying workers, or they are at risk for wage and hour audits, assessments of back taxes and interest, and class action suits.
Join our 90-minute program as we discuss:
- DOL’s new “Economics Realty Test” for determining who is considered an independent contractor
- The two core factors used to classify your work force under the proposed regs: employee vs. independent contractor
- When an employee is covered by the Fair Labor Standards Act (FLSA)
- Additional guideposts set by the DOL to determine a worker’s status
New Federal & State Tests for Classifying Workers: Independent Contractor or Employee?
- Understanding the Fair Labor Standards Act and protections afforded to employees
- How new DOL rules change the way employers determine worker status
- Rules and tests states are adopting to identify independent contractors
- Recent cases challenging independent contractor status
- Examination of the DOL’s regulations redefining the term “independent contractor”
Ensure Compliance with Classification & Employment Regulations
- Detailed discussion of the new major test of independent contractor status
- Two core factors now used to determine if a worker is an independent contractor
- Similarities and differences between salaried (exempt) employees and independent contractors
- Keys to properly classifying your own work force
- Sample policies and contract provisions for independent contractors
- Determining if you’re at risk for audits, assessments, and legal repercussions
About the Speaker
Jim Castagnera holds an M.A. in Journalism from Kent State University, and a J.D. and Ph.D. (American Studies) from Case Western Reserve University. He practiced law for 36 years, before retiring in June 2019: 10 years as a labor, employment and intellectual-property attorney with Saul Ewing Arnstein & Lehr; 3 years as general counsel for Wharton Econometric Forecasting Associates; and 23 years as the associate provost & legal counsel for academic affairs at Rider University. His academic career also includes stints as a faculty member at UT-Austin and Widener Law School, and communication director at Case Western Reserve.
Currently, he devotes his time to a wide range of professional activities, including writing, teaching, training, consulting, and the continued practice of law. He is the chief consultant for Holland Media Services, LLC. He also is president of Casta Volte Due, Inc., a day-trading company; Of Counsel to Washington International Business Counsel; and, an adjunct professor of law at Drexel University.
Proper worker classification is the first step for FLSA compliance. Join us to learn what you need to know about the DOL’s new classification rule and how to use the latest federal and state tests to classify your workforce.
If you'd like this program customized for your organization, call us at 1-800-964-6033. We're certain we can fulfill your training needs, while making it fit in your budget!