New Changes following the Department of Labor’s Withdrawal of the Independent Contractor Rule

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New Changes following the Department of Labor’s Withdrawal of the Independent Contractor Rule

Learning Objectives

To identify the nuts and bolts of the ABC test under AB5.
To recognize when a worker may meet an exemption under AB5 or AB2257.
To discuss the impact of Proposition 22 on businesses in California State.
To analyze the impact of the recent Department of Labor rule for classifying independent contractors under the Fair Labor Standards Act (FLSA).
To develop an action plan to assess your business' compliance with AB5 and mitigate any risk.

Course Description

Worker classification can be ambiguous and confusing. Classify your workers as independent contractors when they’re employees, and you’ll get hit with penalties. That’s why it’s important to stay up-to-date with the latest independent contractor guidelines like the withdrawal of the 2021 new DOL rule.

Correctly classifying your workers as employees or independent contractors impacts everything from taxes to benefits. Whereas employees are on your payroll, independent contractors are not. Contractors are responsible for paying their taxes and providing their benefits, like insurance. And, the Fair Labor Standards Act (FLSA) covers eligible employees—not contractors—under minimum wage and overtime laws.

California’s contractor laws state that an independent contractor is a person or business that provides a specific service to another company in exchange for compensation. California Assembly Bill 5, or AB 5, is a legislative act passed by Governor Newsom in September 2019. The new law was effective on January 1, 2020. AB 5 requires companies to reclassify independent contractors as employees with a few exceptions to the rule.

In 2018, the California Supreme issued a critical decision regarding the matter of Dynamex Operators West v. Superior Court of Los Angeles. The Supreme Court rejected a test determining whether to classify a worker as an independent contractor vs. employee known as the Borello test. Instead of the Borello test, an employee-friendly standard was adopted while ultimately upending the independent contractor market.

The most significant turn was how the Supreme Court incorporated a new standard that presumes all California workers are employees unless their employment meets specific criteria. The specific criteria are included in the newly accepted ABC test as a result of the Dynamex decision. Legislation and court rulings have reshaped California's worker classification landscape in an attempt to make compliance easier for employers.

In this practical CPE webinar speaker, Cynthia Flynn will discuss employee classification and the use of independent contractors in the age of AB5 and the Department of Labor’s most recent rulings in California State.

Webinar Qualifies For

1 CPE Credit of Business Law for Certified Public Accountants (CPA-US)
1 General Credit for Accountant/Bookkeeper/Tax Professionals
1 CPE Credit for Certified Management Accountants (CMA)
1 RCH Credit for Human Resource Certification Institute (HRCI) (Approval No. 576835)
1 CE Credit for Certified Wealth Strategist (CWS)
1 CE Credit for Certified Fiduciary and Investment Risk Specialist (CFIRS)

About Instructor

Cynthia Flynn

Managing Partner, Hackler Flynn & Associates

Cynthia Hackler Flynn is the founder and managing partner of Hackler Flynn & Associates, a Southern California based employment defense law firm. Since starting her practice, she has grown the firm to a team of 9, with each attorney having over a decade of experience. The law firm’s focus is employment law where their mission is to protect and defend entrepreneurs and business owners. Cynthia has been voted as a Super Lawyer every year since 2017 and for the last 3 years, has been named as a Pasadena Top Attorney.

Additional Information

Duration

1 Hour

Course Level

Basic

Instructional Method

Group Internet Based

Pre-requisites

None

Advance Preparation

None

FAQ’s

Click Here to View

NASBA APPROVED

MY-CPE LLC, 1600 Highway 6 south, suite 250, sugar land, TX, 77478

MY-CPE LLC (Sponsor Id#: 143597) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org.

Ratings and Review

4.5

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Very Good

Average

Poor

Terrible

Elizabeth Stacey, EA

Was very helpful with designation of independent contractor.

Riki Iwasaka, CPA (US)

Would be nice to finish a few minutes early

Elizabeth Angle, CPA (US)

Good

RPSC

Ramanik P. Shah, Cpa, CPA (US)

Although the slides presented was more or less identical. to the info. supplied by the IRS, this webinar was very refreshive and helpful. It was definitely timely, at the beginning of the new tax year.

John Flaniken, CPA (US)

Very informative

1 Credit

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Business Law

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New Changes following the Department of Labor’s Withdrawal of the Independent Contractor Rule

Course Details

Learning Objectives

Course Description

Qualifies for

Webinar Qualifies For

Presenter Details

About Instructor

Cynthia Flynn

Other Details

Additional Information

1 Hour

Basic

Group Internet Based

None

None

FAQ’s

NASBA APPROVED

Ratings and Review

4.5

Elizabeth Stacey, EA

Riki Iwasaka, CPA (US)

Elizabeth Angle, CPA (US)

Ramanik P. Shah, Cpa, CPA (US)

John Flaniken, CPA (US)

Subject Area

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