US Department of Labor Issues Final Rule on Independent Contractor Classification

The U.S. Department of Labor (DOL) published its Final Rule on Employee or Independent Contractor Classification in the Federal Register on Jan. 10, 2024, to provide guidance for employers in determining worker classification under the Fair Labor Standards Act (FLSA). An employee is entitled to wage and hour protections under the FLSA that would not be available to a worker classified as an independent contractor.

Under the new rule, many workers currently treated as contractors will have to be reclassified as employees and, going forward, it will be more difficult to engage workers as independent contractors. This webinar will analyze the rule’s key provisions and provide valuable insights to help employers navigate the DOL’s these new ground rules on worker classification.

• The new DOL exempt “salary threshold”/“salary level” contractor test
  
• Issues and options for employers evaluating FLSA overtime eligibility
• Prospects for litigation challenging the new rule
• Tips and traps for employers when reevaluating FLSA coverage status
• Explanation of Factors Used in Determining Worker Classification

• What classifications of workers are permitted under IRS Rules
  
• DOLs New Rule on Independent Contractor & Employee Classification effective from March 11th, 2024
• What classifications of workers are permitted under IRS Rules
• What is the common law rule and how is it used to determine worker status
• What are the three factors the IRS uses to determine worker status and how to apply them correctly
• How the FLSA rules differ from the IRS rules and why you must follow both even as the FLSA regs are being update in 2024
• How does the state trump both the IRS and the FLSA on determining independent contractor status with the ABC test for SUI
• What are the latest agreements or programs being used by the IRS, DOL and the states to “find” misclassified employees
• Using the Form SS-8 to your advantage to determine worker status
• Who gets a W-2 and who gets a 1099 and why it should never be the same worker
• Find out how easily a 1099 audit can be triggered and why the chances of getting one are on the rise
• What are the penalties for misclassifying an employee as an independent contractor and who assesses them.  It is not just the IRS you have to worry about.
• You found out you have a misclassified employee—now what?

• Payroll Executives/Managers/Administrators/Professionals/Practitioners/Entry Level Personnel
• Human Resources Executives/Managers/Administrators
• CPA
  
• Accounting Personnel
• Tax Compliance Officers
• Enrolled Agents
• Tax or Benefits Compliance Oversight
• Public Agency Managers
  
• Risk Manager
• Audit and Compliance Personnel
• Business Owners/Executive Officers/Operations and Departmental Managers