Attorneys Burt Fishman and Nita Beecher presenting BLR Webinar February 17th

Event Start Date:
February 17, 2021
Event End Date:
February 17, 2021
Event Venue:

Attorneys Burt Fishman and Nita Beecher will be presenting the Employee or Independent Contractor? DOL Changing Rules for Test webinar on Wednesday, February 17th, 2021 from 1:30 PM ET/10:30 AM PT for 90 minutes. BLR is sponsoring.

Synopsis:  The DOL has proposed a new rule regarding independent contractor classification that will likely be enacted before the end of the Trump administration. The rule changes the test used to determine whether workers are employees or independent contractors under the federal Fair Labor Standards Act (FLSA), making it easier for many employers to classify workers as independent contractors. The distinction between an employee and an independent contractor is important because most employees are entitled to minimum wage and overtime pay under the FLSA, but independent contractors are not.

The DOL’s proposed new rule adopts an “economic realities” test to determine whether a worker is economically dependent on a particular employer for work (and therefore classified as an employee) or whether the worker is “in business for” him or herself (and therefore classified as an independent contractor). The new proposed rule narrows the previous test to five distinct factors, two of which are “core” factors, and the remaining three of which are “guideposts” for the analysis.

Although the DOL’s new rule applies to employers all over the country, employers must remember they are also subject to state laws that might be more restrictive. For example, in Massachusetts, employers seeking to classify a worker as an independent contractor must satisfy the demanding “ABC test.”

And how will the Biden presidency impact these rules?

This webinar will address all the new rules put in place by the DOL along with expected changes that may arise from the Biden administration.

At the conclusion of this program, participants will be able to:

  • Implement the changes from the old way of determining classification to the new
  • Apply the new “economics realities” test to correctly classify workers
  • Identify applicable state regulations that take precedent over the new federal rule

For more information and registration, click here.