The DOL New Final Rule on Independent Contractor vs. Employee Status – Benefits and Drawbacks : W-2s vs. 1099s

Date: Aug 28, 2024
Time: 01:00 PM ET
Duration: 90 Minutes
Speaker: Vicki Lambert
CEU Credits : 1.5 HRCI

$0.00

Description

Overview

The U.S. Department of Labor’s (DOL’s) test for determining whether a worker should be classified as an independent contractor or an employee for purposes of the federal Fair Labor Standards Act (FLSA) has been revised several times over the past decade. Now, the DOL is implementing a new final rule rescinding the employer-friendly test that was developed under the Trump administration. The new, more employee-friendly rule takes effect March 11, 2024.

Misclassifying employees and independent contractors are getting costlier by the day. With federal and state agencies joining forces to combat misclassification, fines and penalties have skyrocketed. And every day the misclassification continues the penalties mount up and up until this ticking time bomb finally explodes!

 

Areas covered in this Training:

  • DOLs New Rule on Independent Contractor & Employee Classification effective from March 11th, 2024
  • What’s the New Test that Determines Status
  • What classifications of workers are permitted under IRS Rules
  • What is the common law rule and how is it used to determine worker status
  • What are the three factors the IRS uses to determine worker status and how to apply them correctly
  • How the FLSA rules differ from the IRS rules and why you must follow both even as the FLSA regulations are being update in 2024
  • How does the state trump both the IRS and the FLSA on determining independent contractor status with the ABC test for SUI
  • What are the latest agreements or programs being used by the IRS, DOL and the states to “find” misclassified employees
  • Using the Form SS-8 to your advantage to determine worker status
  • Who gets a W-2 and who gets a 1099 and why it should never be the same worker
  • Find out how easily a 1099 audit can be triggered and why the chances of getting one are on the rise
  • What are the penalties for misclassifying an employee as an independent contractor and who assesses them.  It is not just the IRS you have to worry about.
  • You found out you have a misclassified employee—now what?

 

Why Attend this Training?

Changes are here for contractor vs. employee classification. A new rule in effect from March 11th, 2024 regarding the classification of individuals as independent contractors. Employers may find it difficult to properly classify workers as independent contractors or employees due to these changes. The Department of Labor (DOL) independent contractor rule involves a new test with a different approach to classify workers, which could present challenges. Businesses should be prepared to adapt to remain compliant.

This webinar examines DOL’s new Rule, what the requirements are to correctly classify a worker as an independent contractor and also the requirements for when a worker must be classified as an employee.
Who should Attend?

  • Payroll Executives/Managers/Administrators/Professionals/Practitioners/Entry Level Personnel
  • Human Resources Executives/Managers/Administrators
  • Accounting Personnel
  • Business Owners/Executive Officers/Operations and Departmental Managers
  • Lawmakers
  • Attorneys/Legal Professionals
  • Any individual or entity that must deal with the complexities and requirements of Payroll compliance issues

 

Speaker

Vicki Lambert

Vicki M. Lambert, CPP, is President and Academic Director of The Payroll Advisor™, a firm specializing in payroll education and training.
With over 35 years of hands-on experience in all facets of payroll functions as well as over 20 years as a trainer and author, Ms. Lambert has become the most sought-after and respected voice in the practice and management of payroll issues.  She has conducted open market training seminars on payroll issues across the United States that have been attended by executives and professionals from some of the most prestigious firms in business today.
A pioneer in electronic and online education, Ms. Lambert produces and presents payroll related audio seminars, webinars and webcasts for clients, APA chapters and business groups throughout the country. Ms. Lambert is an adjunct faculty member at Brandman University in Southern California and is the creator of and instructor for their Practical Payroll Online program, which is approved for recertification hours by the APA. She is also the instructor for the American Payroll Association’s “PayTrain” online program also offered by Brandman University.

Certification

This webinar has been approved for 1.5 HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®,SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).