Marketing and Empathy Psychology
2024 Independent Contract Rule by DOL Has Become a Deadline for March 11, 2024! Audits by Department of Labor (DOL) and the National Labor Relation Board (NLRB) are Creating Havoc for Employers!

By - Margie Faulk

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Free Inclusion: Compliance Tools for All Attendees!

Overview:

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:

  1. Opportunity for profit or loss depending on managerial skill
  2. Investments by the worker and employer
  3. Degree of permanence of the work relationship (including exclusivity)
  4. Nature and degree of control (i.e. scheduling, supervision, price setting, and ability to work for others)
  5. Extent to which the work performed is an integral part of the employer’s business
  6. Skill and business-like initiative

It is critical for Employers and professionals to make decisions to be compliant based on the criteria above.

What will be covered:

  1. Learn how the Independent Contractor Rule will impact Employers and Independent Contractors
  2. Learn why it is confusing to determine and define the requirements for IC status.
  3. Learn about examples of employee vs Independent Contractors case studies.
  4. Learn how different this new rule is from the previous rule.
  5. Learn what the “proposed rules” include, and which proposal can make challenges for Employers and agents of employers like professionals involved in employee relations.
  6. Learn what the penalties are for violating classification regulations by the DOL, NLRB and IRS.
  7. Learn how the business communities are opposed to the new DOL Rule
  8. Learn what the best practices are when classifying employee vs independent contractors.
  9. Learn how long Employers have to put the new rule in place.
  10. Learn how Employers can effectively mitigate the proposed regulations.

Why attend the training:

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.

Who should attend:

  • All Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • Payroll Administrators
  • HR Professionals
  • Managers/Supervisors
  • Anyone Interested in Being Compliant with Current Regulations

Vulputate eros arcu magnis donec sem pretium scelerisque a etiam. Eros aliquam elit si mattis phasellus at orci letius ligula posuere. Sodales maecenas facilisis diam egestas dictumst si fames mus fermentum conubia curabitur. Ornare nisi consectetur semper justo faucibus eget erat velit rhoncus morbi.

Choose an option
Live
$199.00
Recording
$199.00
Transcript
$199.00
DVD
$249.00
Flashdrive
$249.00
Live, Recording & Transcripts
$349.00
Live + Recording
$299.00
Live + Transcript
$299.00
Recording & Transcript
$299.00
Flashdrive & Transcript
$349.00
DVD & Transcript
$349.00

Speaker Detail

Margie Faulk

Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few. Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).

Webinar Information

Share this event

Have any questions for our speakers?

Customer services

866-217-0586

Email support

support@webcon60.com

Reach us for Group Discounts

Contact Form