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Employee or Independent Contractor? DOL Changing Rules for Test - On-Demand

Employee or Independent Contractor? DOL Changing Rules for Test - On-Demand

Product Code: YHWA021721A

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Employee or Independent Contractor? DOL Changing Rules for Test

Webinar now available On-Demand.

Program Length: 1.5 hours

WEBINAR SNAPSHOT: Learn about important DOL updates regarding the classification of workers as employees or independent contractors, as well as potential changes which may arise from the Biden administration through this insightful webinar.

The DOL has proposed a new rule regarding independent contractor classification that will likely be enacted before the end of the Trump administration. The rule changes the test used to determine whether workers are employees or independent contractors under the federal Fair Labor Standards Act (FLSA), making it easier for many employers to classify workers as independent contractors. The distinction between an employee and an independent contractor is important because most employees are entitled to minimum wage and overtime pay under the FLSA, but independent contractors are not.

The DOL’s proposed new rule adopts an “economic realities” test to determine whether a worker is economically dependent on a particular employer for work (and therefore classified as an employee) or whether the worker is “in business for” him or herself (and therefore classified as an independent contractor). The new proposed rule narrows the previous test to five distinct factors, two of which are “core” factors, and the remaining three of which are “guideposts” for the analysis.

Although the DOL’s new rule applies to employers all over the country, employers must remember they are also subject to state laws that might be more restrictive. For example, in Massachusetts, employers seeking to classify a worker as an independent contractor must satisfy the demanding “ABC test.”

And how will the Biden presidency impact these rules?

This webinar will address all the new rules put in place by the DOL along with expected changes that may arise from the Biden administration.

At the conclusion of this program, participants will be able to:

  • Implement the changes from the old way of determining classification to the new
  • Apply the new “economics realities” test to correctly classify workers
  • Identify applicable state regulations that take precedent over the new federal rule


About Your Presenters

H. Juanita Beecher,

H. Juanita Beecher, Esq.
Of Counsel
Fortney & Scott, LLC

H. Juanita (Nita) Beecher is a nationally recognized expert on Office of Federal Contract Compliance Programs (OFCCP) and U.S. Equal Employment Opportunity Commission (EEOC) matters. She is Of Counsel to Fortney & Scott, LLC with a focus on OFCCP regulatory affairs. Ms. Beecher's primary focus is labor and employment law with substantial experience with class investigations by the EEOC and OFCCP. She has more than 30 years of experience in labor and employment law particularly with class investigations by the OFCCP and the EEOC. From 2000 to 2015, she led networks of senior diversity, EEO, and affirmative action corporate practitioners as well as senior in-house labor and employment lawyers.

Burton J. Fishman, Esq.
Senior Counsel
Fortney & Scott, LLC

Burt Fishman has devoted his practice to developing the “law of the workplace,” an interdisciplinary approach that offers employers counsel and representation on a broad range of matters growing out of government regulation of business. His experience extends to the full spectrum of employment and labor matters, including employment discrimination, affirmative action (OFCCP), the Americans with Disabilities Act (ADA), and human resources counseling. In recent years, his practice has focused on assisting clients with the changing laws of pay equity, mandated leave, and similar workplace matters. He has represented clients throughout the nation in proceedings before the Equal Employment Opportunity Commission, the U.S Department of Labor, the National Labor Relations Board, and in arbitrations and courts at all levels. He has repeatedly been recognized as a Washington SuperLawyer in the labor and employment field by Washington Law & Politics magazine and is a long-served Member of the College of Labor and Employment Lawyers.

Credit Information

Credits for this program expired on 12/31/21.