Understanding the New 2024 DOL Independent Contractor Rule
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Date
Feb 23, 2024 -
Time
13:00 PM EST -
Duration
90 Min
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.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and international compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
1.5 SHRM-CP