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HR & PAYROLL

Home HR & Payroll Understanding the New 2024 DOL Independent Contractor Rule


UNDERSTANDING THE NEW 2024 DOL INDEPENDENT CONTRACTOR RULE

Live Webinar

 * SPEAKER
   
   Vicki M. Lambert CPP

 * DATE
   
   Feb 15, 2024

 * TIME
   
   15:00 PM EST

 * DURATION
   
   90 Min

$229.00
Book Now
 * Overview
 * Speaker
 * CEUs

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:


·       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

 

Session Highlight:


·       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.

 

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.

 

Who Should Attend:


·       All Employers

·       Business Owners

·       Executive Officers

·       Company Leadership

·       Compliance Professionals

·       Payroll Professionals

·       HR Professionals

·       Accounting Professionals

·       Operations & Departmental Managers

·       Managers/Administrators/Supervisors

·       Lawmakers

·       Attorneys/Legal Professionals

·       Anyone Interested in Being Compliant with Current Regulations

 

Ask your question directly from our expert during the Q&A session following the
live event.

 




Vicki M. Lambert, CPP, is President and Academic Director of The Payroll
Advisor, a firm specializing in payroll education and training. The company’s
website www.thepayrolladvisor.com offers a payroll news service which keeps
payroll professionals up to date on the latest rules and regulations.

With nearly 40 years of hands-on experience in all facets of payroll functions
as well as over three decades as a trainer and author, Ms. Lambert has become
the most sought-after and respected voice in the practice and management of
payroll issues.  She has conducted open market training seminars on payroll
issues across the United States that have been attended by executives and
professionals from some of the most prestigious firms in business today.

A pioneer in electronic and online education, Ms. Lambert produces and presents
payroll related audio seminars, webinars and webcasts for clients, APA chapters
and business groups throughout the country. Ms. Lambert is an adjunct faculty
member at Brandman University in Southern California and is the instructor for
the American Payroll Association’s “PayTrain” online program offered by Brandman
University.






1.50 HRCI Approved Credit Hours


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