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The Department of Labor Withdrawal for Independent Contractors

  • ACCT/BK
  • CMA
  • CPA (US)
  • HRCI
  • SHRM
  • CFIRS
  • CWS
  • Course Description
  • Course Qualification
  • Presenter
  • FAQ

Course Description

Course Description

On May 5th, 2021, the Department of Labor withdrew the “Independent Contractor Status Under the Fair Labor Standards Act (FLSA)” final rule, which went into effect immediately on May 6th, 2021. This final ruling clarifies the standard for classification by determining whether an individual is in business for themselves or is economically dependent on an employer for work.

The department has withdrawn the rule for several reasons, including:

  • The independent contractor rule was in tension with the FLSA’s text and purpose, as well as relevant judicial precedent.
  • The rule’s prioritization of two “core factors” for determining employee status under the FLSA would have undermined the longstanding balancing approach of the economic realities test and court decisions requiring a review of the totality of the circumstances related to the employment relationship.
  • The rule would have narrowed the facts and considerations comprising the analysis of whether a worker is an employee or an independent contractor, resulting in workers losing FLSA protections.

The main difference between this new ruling and AB5 is that the FLSA does not prevent states from setting up broader wage and hour protections. Thus, some states could potentially be unaffected by this ruling.

To help you navigate the complexities of this new ruling, we will discuss employee classification and the use of independent contractors in California as well as the Department of Labor’s most recent rulings.

Key topics covered in this online CPE webinar:

  • Why does classification matter?
  • Who qualifies as an independent contractor?
  • What is the new rule?

Click here for HRCI and SHRM Approved Courses

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
  • To discuss 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's compliance with AB5 and mitigate any risk

Recommended For

  • This live CPE webinar is recommended for CPAs, CMAs, Human Resource Professionals, Business Owners, managers, and other professionals interested in labor withdrawal for contractors

Who Should Attend?

  • Accountant
  • Accounting Firm
  • Assistant Controllers
  • Business Owner
  • CEO
  • Certified Management Accountant (CMA)
  • Certified Public Accountant (CPA)
  • CFO/Controller
  • Compliance Managers
  • Compliance Officers
  • CPA (Industry)
  • CPA - Mid Size Firm
  • CPA - Small Firm
  • CPA in Business
  • Entrepreneurial Accountant
  • Entrepreneurial CPA
  • HR Professionals
  • Human Resources Manager
  • Young CPA

Course Qualification

Webinar Qualifies For

  • 1 PDC Credit of Business Acumen for SHRM Professionals (Approval No. 22-MEW3Q)
  • 1 CPE Credit of Business Law for Certified Public Accountants (CPA-US)
  • 1 CPE Credit for Certified Management Accountants (CMA)
  • 1 RCH Credit for Human Resource Certification Institute (HRCI) (Approval No. 583525)
  • 1 CE Credit for Certified Fiduciary & Investment Risk Specialist (CFIRS)
  • 1 CE Credit for Certified Wealth Strategist (CWS)
  • 1 General Credit for Accountant/Bookkeeper (ACCT./BK)

Additional details

  • Course Level :
    Basic
  • Credits :
    1
  • Instructional Method :
    Group Internet Based
  • Pre-requisites :
    None
  • Advance Preparation :
    None

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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.

Presenter

About Presenter

Cynthia Flynn

Founder, 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. 

About Company

Hackler Flynn & Associates

hacklerflynnlaw.com/

We play a significant role in protecting and defending the backbone of our society - business owners.

Cynthia Hackler Flynn, Esq. is the founder and managing partner of Hackler Flynn & Associates, a boutique law firm in Greater Los Angeles that focuses on employment law, business litigation and corporate work. Our core focus is to help commercial businesses defend and protect against employment lawsuits.

What makes us unique:

As a woman-owned law firm, we are a certified Woman Business Enterprise (WBE) and Women-Owned Small Business (WOSB). We work around our clients’ busy schedules and make it as convenient as possible for you to meet with us, either through virtual meetings, conference calls or in-person meetings. Our attorneys offer clear guidance that fully prepares you for all possible outcomes, while also addressing your expectations. In addition to addressing the issues at hand, we also provide a global or long-term perspective that helps you prepare for any changes your businesses might encounter.

In addition to providing expertise in these areas of law, we pride ourselves at being a resource for many of clients’ professional service needs (i.e. CPAs, wealth advisors, bankers, attorneys in other fields, insurance, etc.) through our professional memberships.

Our goal at Hackler Flynn & Associates is to help you thrive in business with the confidence of knowing that we are looking out for you. Our seven attorneys are always ready to take your calls, as we believe personal attention to our clients’ needs is one of the things that truly set us up apart from other law firms serving Southern California.

Faq

FAQs content

  • To receive Continuing Education credit for the event, you must register for the webcast prior to the start of each program.
  • Continuing Education Credit Certificate is available to all eligible participants within 24 hours of each webinar.
  • You must attend complete live webinar and respond to all polling questions asked during the webinar. Credits would be issued on 50 minute credit hour basis.
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  • This event may be a recorded rebroadcast of a live event done in past and the instructor will be available to answer your questions during/after the webinar.
  • If you still face the polling problem please don’t panic and provide your response in the chat and we shall consider the same for processing for credits. You can download Zoom by clicking on the mentioned link : https://zoom.us/download
  • Our courses meet the global Continuing Professional Development (CPD-IES7) Standard for Chartered Accountants with International Education Standard 7 (IES 7) set by The International Federation of Accountants (IFAC), the International Accounting Education Standards Board (IAESB) and the Association of Chartered Certified Accountants (ACCA). Based on our accreditation by existing IFAC members and affiliates, we believe learners can count their professionally relevant, verifiable learning activities on myCPE, including taking on demand courses and attending live webinars, toward fulfillment of their verifiable CPD-IES7 requirements. However, if there is any question, we recommend that the individual learner confirm with his/her professional licensing organization before taking myCPE courses for CPD-IES7 credit.
  • You can manage your continuing education certificates and credits through your certificate dashboard which is available when you are logged in to your account (LOGIN)
  • As an accredited provider of Continuing Professional Education in the United States, myCPE online learning platform, courses, and webinars meet the requirements set forth by the Institute of Management Accountants (IMA), an IFAC Member Organization, as well as the National State Boards of Accountancy (NASBA) and the Institute of Internal Auditors (IIA), both IFAC Affiliates. As well as it has been approved by NASBA, Internal Revenue Service (IRS), Certified Financial Planner Board (CFP Board), California Tax Education Council (CTEC), Society of Human Resource Professional (SHRM), Human Resource Certification Institute (HRCI) and many more.Therefore, we believe learners can count their professionally relevant, verifiable learning activities on myCPE, including taking on demand courses and attending live webinars, toward fulfillment of their verifiable continuing education requirement as CPD-IES7 requirements. However, if there is any question, we recommend that the individual learner confirm with his/her professional licensing organization before taking myCPE courses for CPD-IES7 credit.
  • myCPE Courses are taken by : CPA | CMA | CFE | CIA | CPA(Yellow Book)| CFP | CFA | CPA (Govt.) | EA | CRTP | MRTP | ORTP | ABV | CITP | CVA | PFS | CFF and others.

Ratings and Review

4.4

412 Ratings

Excellent

232

Very Good

136

Average

37

Poor

5

Terrible

2

ET

Emma Turner

Apr 4th, 2022

N/A

NS

Nick Shields, CPA (US)

Mar 30th, 2022

Presenter was very knowledgeable on the subject and helped simplify the employee vs independent contractor definition

IH

Irina Halfon, CPA (US)

Mar 29th, 2022

Very good and informative presentation!

DT

Daniela Tesio, PHR

Mar 29th, 2022

I learned a lot and now will send our contractors over to our employment attorney to review.

JD

Jennifer Derosa, SHRM - CP

Mar 29th, 2022

This program is of great value and provided a lot of information. The instructor is highly relational and easy to understand. There is a lot information to cover, an additional 5-10 minutes would have been helpful!

Independent Contractors CPE Course

FREE

1 Credit

Subject Area

Business Law

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