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The Department Of Labor Withdrawal For Independent Contractors

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


  • Independent Contractors v. Employee
    2 mins
  • Dynamex Operations West, INC. V. Superior court
    14 mins
  • Business to Business Contracting
    25 mins
  • Learning about Misclassifying Workers
    39 mins
  • And Last topic Challenges
    51 mins

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The department has withdrawn the rule for several reasons, including: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

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

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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.

Who Should Attend?

  • Accountant
  • Accounting Firm
  • Assistant Controllers
  • Business Owner
  • CEO
  • Certified Management Accountant
  • Certified Public Accountant
  • 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
  • Staff of Accounting Firm
  • Young CPA