New DOL Final Rule On Employee vs Independent Contractor Status under FLSA Effective March 8, 2021
Webinar Background, Agenda & Trainer Profile :
On January 6, DOL announced a final rule clarifying the standard for employee versus independent contractor under the Fair Labor Standards Act (FLSA) which will go into effect on March 8, 2021. These new regulations redefine the tests to determine who is an independent contractor and streamline & clarify the tests to determine who is an employee versus an independent contractor. The overall objective of the new regulations is to simplify compliance when determining Independent Contractor Status. Employers need to better understand the guidelines when establishing independent contractor relationships and the impact if an independent contractor fails the test.
The following agenda will be discussed in detail during this session :
About The Trainer : Joe Aitchison, SPHR, is Vice President of BASIC, a HR Service Company providing employer solution in the area of human resources and benefit administration. Services include payroll, unemployment, COBRA, FLEX, FMLA and HR outsource services. In his current role, Mr. Aitchison is responsible for regulatory compliance and is BASICs resident expert on employment practice and benefits. He provides guidance on HR best practice to BASICs 9,000 clients nationally. He is a known, frequent national speaker at conferences, presenting on "Employer Best Practice", Health Care Reform, employee benefits, FMLA and employment related federal regulations. Mr. Aitchison has obtained a life time certification as a Senior Professional in Human Resources. He has thirty years of human resource and business management experience working with international automotive manufacturing, commercial manufacturing, warehouse and distribution, transportation, retail, gaming & hospitality, food processing, healthcare, legal, financial services, engineering & scientific professional services, public sector and not for profit organizations. Positions held include: CEO/President, senior executive, operations management and company director. Mr. Aitchison serves as a board member on several profit and not for profit boards.
On January 6, DOL announced a final rule clarifying the standard for employee versus independent contractor under the Fair Labor Standards Act (FLSA) which will go into effect on March 8, 2021. These new regulations redefine the tests to determine who is an independent contractor and streamline & clarify the tests to determine who is an employee versus an independent contractor. The overall objective of the new regulations is to simplify compliance when determining Independent Contractor Status. Employers need to better understand the guidelines when establishing independent contractor relationships and the impact if an independent contractor fails the test.
The following agenda will be discussed in detail during this session :
- The “economic reality test – used to determine if an individual is an independent contractor who is in business for themself or, is “economically dependent on the employer” for work (FLSA definition of an employee).
- The two “main” factor test – (1) Nature and degree of control over work and (2) Workers opportunity for profit or loss, based on initiative and/or investment.
- Review of the three “guiding” factors that serve as additional identifiers of independent contractor status.
- The amount of skill required to do the work.
- The degree of permanence of the working relationship between the worker and the potential employer.
- Whether the work is “part of an integrated unit of production”.
- Examples that are fact specific in applying the guiding factors.
- What triggers an independent contractor Wage & Hour review.
- Issues that may impact or change how employers define Independent contractors
- States using the ABC Test to determine Independent Contractor status
- Incoming Administration be delay/cancel revised testing criteria
- Review of the Independent Contractor ABC Test
- Summary & Q&A
About The Trainer : Joe Aitchison, SPHR, is Vice President of BASIC, a HR Service Company providing employer solution in the area of human resources and benefit administration. Services include payroll, unemployment, COBRA, FLEX, FMLA and HR outsource services. In his current role, Mr. Aitchison is responsible for regulatory compliance and is BASICs resident expert on employment practice and benefits. He provides guidance on HR best practice to BASICs 9,000 clients nationally. He is a known, frequent national speaker at conferences, presenting on "Employer Best Practice", Health Care Reform, employee benefits, FMLA and employment related federal regulations. Mr. Aitchison has obtained a life time certification as a Senior Professional in Human Resources. He has thirty years of human resource and business management experience working with international automotive manufacturing, commercial manufacturing, warehouse and distribution, transportation, retail, gaming & hospitality, food processing, healthcare, legal, financial services, engineering & scientific professional services, public sector and not for profit organizations. Positions held include: CEO/President, senior executive, operations management and company director. Mr. Aitchison serves as a board member on several profit and not for profit boards.
Webinar Information
Pre Recorded Webinar
Thursday, February 25, 2021
Available All Day
Joe Aitchison
90 minutes
Webinar Options
