PDC | RCH Webinar on Labor Department withdrawing Independent Contractor

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The Department Of Labor Withdrawal For Independent Contractors

Reviewed

October, 2023

Cynthia Flynn

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.

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The department has withdrawn the rule for several reasons, including: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

Click here for HRCI and SHRM Approved Courses

Overview

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

Webinar Qualifies For

1 CPE Credit of Business Law for Certified Public Accountants (CPA-US)
1 General Credit for Accountant/Bookkeeper/Tax Professionals
1 PDC Credit of Business Acumen for SHRM Professionals (Approval No. 21-SWE2A)
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 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

QAS Self Study

Pre-requisites

None

Advance Preparation

None

FAQ’s

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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.

Ratings and Review

4

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Mischelle Thomas, SHRM, PHR

This did not pertain directly to my position.

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Subject Area

Business Law

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Verification Code

The Department Of Labor Withdrawal For Independent Contractors

Course Details

Learning Objectives

Course Description

Overview

Qualifies for

Webinar Qualifies For

Presenter Details

About Instructor

Cynthia Flynn

Other Details

Additional Information

1 Hour

Basic

QAS Self Study

None

None

FAQ’s

NASBA APPROVED

Ratings and Review

4

Mischelle Thomas, SHRM, PHR

Subject Area

Unlimited Access Plan

Inclusions

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