DESCRIPTION
On Jan. 10, 2024, the U.S. Department of Labor (DOL) published its final rule (effective March 11) on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the federal Fair Labor Standards Act (FLSA). By narrowing the scope of who is and is not a “contractor” under a new legal test, the final rule will have a significant impact on the estimated 59 million people in the United States who perform “1099 work” – and on employer budgets.
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.
Learning Objectives:
- New DOL “totality of the circumstances” contractor test
- Key differences in the new 2024 test, compared to DOL’s prior tests
- Tips and traps for employers when reevaluating FLSA coverage status
Areas covered in this Training:
- DOLs New Rule on Independent Contractor & Employee Classification effective from March 11th, 2024
- What’s the New Test that Determines Status
- 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?
Why Attend this Training:
Changes are here for contractor vs. employee classification. A new rule in effect from March 11th, 2024 regarding the classification of individuals as independent contractors. Employers may find it difficult to properly classify workers as independent contractors or employees due to these changes. The Department of Labor (DOL) independent contractor rule involves a new test with a different approach to classify workers, which could present challenges. Businesses should be prepared to adapt to remain compliant.
This webinar examines DOL’s new Rule, what the requirements are to correctly classify a worker as an independent contractor and also the requirements for when a worker must be classified as an employee
Who Should Attend
- HR Professionals
- HR Directors
- Managers
- In-House Counsel
- Attorneys
- Business Owners
- Accountant/Accounting Professionals
