Misclassifying an employee as an independent contractor can be a legal nightmare. This 90-minute webinar explains the U.S. Department of Labor's 2024 final rule on employee vs independent contractor status under the Fair Labor Standards Act (FLSA).
The rule moved away from a five-factor test that gave extra weight to two core factors, control over the work and the worker's opportunity for profit or loss, and returned to a totality-of-the-circumstances approach. Six factors are weighed together against the economic reality of the work: profit or loss tied to managerial skill, investments by worker and employer, permanence of the relationship, control, whether the work is integral to the business, and skill and initiative.
Some legal experts expect the more employee-friendly standard to bring more misclassification lawsuits, and courts have the final say on classification.
With closer scrutiny and a potentially narrower standard, employers need to review how they structure independent contractor relationships and seek experienced counsel when setting contractor policies.
This session suits employers, business owners, company leaders, compliance and HR professionals, payroll administrators and managers who want to classify workers correctly and limit risk.
With closer scrutiny and a potentially narrower standard, employers need to review how they structure independent contractor relationships and seek experienced counsel when setting contractor policies.
This session suits employers, business owners, company leaders, compliance and HR professionals, payroll administrators and managers who want to classify workers correctly and limit risk.
Margie Faulk
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 and Non-profit sectors. 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, …
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