Independent Contract Audits by DOL & NLRB - Creating Havoc for Employers! (Recorded)

This recording reflects information, laws, and best practices as of the recording date. Requirements may have changed since this session was recorded — consult qualified counsel or a current source for guidance on today's requirements.

Course Description

Learn how misclassifications can be a legal nightmare for employers! Recent developments at the National Labor Relations Board (NLRB) and the U.S. Department of Labor's Wage and Hour Division (DOL) could make it more difficult for businesses to classify workers as independent contractors. The NLRB and the DOL announced that they entered a Memorandum of Understanding which provides for and encourages interagency cooperation through "information sharing, joint investigations and enforcement activity, training, education, and outreach."

Businesses that use independent contractor work would do well to pay attention to the news out of Washington, D.C., because the U.S. Department of Labor (DOL) has proposed a rule on contractor classification that would impose a six-factor "economic reality test," with all the factors equally weighted, looking broadly at the "totality of the circumstances" to determine whether a worker is an independent contractor or employee under the Fair Labor Standards Act (FLSA).

Why Should You Attend

These developments at the DOL and the NLRB could mean trouble for employers that misclassify workers as independent contractors. For example, an NLRB investigation of an unfair labor practice that leads to the conclusion that certain workers have been misclassified as employees could lead to the DOL finding a company is liable for unpaid overtime and minimum wages. 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.

Areas Covered

• Learn why the DOL and NLRB are working together on this workplace issue
• Learn what other regulatory agencies are creating their own version of Independent Contractor rules
• Learn the several rules that Employers need to follow to stay compliant with classification
• Learn what the "proposed rules" include and which proposal can create challenges for Employers and agents of employers
• Learn the penalties for violating classification regulations by the DOL, NLRB and IRS
• Learn the best practices when classifying employees vs independent contractors
• Learn how Employers and Professionals can provide their feedback before the regulations are in place
• Learn how long Employers have to put the new rule in place
• Learn how Employers can effectively mitigate the proposed regulations
• Learn how the regulatory agencies have added classification of Exempt/Non-Exempt as part of their classification audits for 2024

Who Will Benefit

• All Employers
• Business Owners
• Company Leadership
• Compliance Professionals
• Payroll Administrators
• HR Professionals
• Managers/Supervisors
• Anyone Interested in Being Compliant with Current Regulations