Final Rule: Employee or Independent Contractor Classification Under the FLSA
| Duration: 90 minutes | Speaker: Margie Faulk |
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ABOUT THE EVENT
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 should not be a strange test for employers. We’re back to where we were in the past. It’s the courts that 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).
Employers and professionals must make decisions to be compliant based on the criteria above.
Why You Should 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. Employers need to seek guidance from experienced counsel when developing and implementing policies related to working with independent contractors.
Areas Covered
- 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.
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.
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).
The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.
Credits: 1.5
Compliance Prime is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org
Credits: 1.5
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DOL
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