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The Department Of Labor Withdrawal For Independent Contractors

  • CMA
  • CPA (US)
  • HRCI
  • SHRM

Published: October, 2021

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  • Course Description
  • Course Qualification
  • Presenter
  • Faq

Course Description

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

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The department has withdrawn the rule for several reasons, including: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

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 Online CPE webinar is recommended for CPAs, CMAs, Human Resource Professionals, Business Owners, and Managers.

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

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 PDC Credit of Business Acumen for SHRM Professionals (Approval No. 21-SWE2A)
  • 1 RCH Credit for HRCI Professional (Approval No. 583525)

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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