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

  • ACCT/BK
  • CMA
  • CPP
  • CPA (US)
  • HRCI
  • SHRM
  • FPC
  • CFIRS
  • CWS

Published: January, 2022

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Before starting this self study program, please go through the instructional document.

  • Course Description
  • Course Qualification
  • Presenter
  • FAQ

Course Description

Overview

  • Independent contractor v. employee
    3 mins
  • The "ABC" test
    11 mins
  • Applying AB5
    17 mins
  • Business to business contracting
    25 mins
  • Misclassifying workers
    39 mins

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. 

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.

Recommended For

  • This Online CPE webinar is recommended for CPAs, CMAs, CEOs, CFOs, Business Owners, Business Managers, and Other Individuals interested in understanding the changes following the Department of Labor’s Withdrawal of the Independent Contractor Rule

Who Should Attend?

  • Accounting and audit managers/practitioners
  • 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 CPE Credit for Certified Management Accountants (CMA)
  • 1 CPE Credit of Business Law for Certified Public Accountants (CPA-US)
  • 1 RCH Credit of California for Human Resource Certification Institute (HRCI) (Approval No. 595064)
  • 1 PDC Credit for SHRM Professionals (Approval No. 22-XASHS)
  • 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)
  • 1 RCH Credit for Fundamental Payroll Certification (FPC) (Approval No. 22CPE034)
  • 1 RCH Credit for Certified Payroll Professional (CPP) (Approval No. 22CPE034)

Additional details

  • Course Level :
    Basic
  • Credits :
    1
  • Instructional Method :
    QAS Self Study
  • 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

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Ratings and Review

4

17 Ratings

Excellent

5

Very Good

9

Average

2

Poor

0

Terrible

1

PBB

Pipier Bewlay Bewlay, SPHR, SHRM - SCP

Apr 11th, 2022

Webinar contained solid information to help prep for additional questions or review of the laws.

SW

Sandra Welch, CPA (US)

Jan 27th, 2022

Audio recording was not very clear.

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