Overview:
HR leaders cannot confidently classify workers as employees or independent contractors because the federal standard keeps changing - and misclassification carries severe financial and legal consequences.
Employers lack a stable, defensible framework for classifying independent contractors in a rapidly shifting regulatory environment - creating financial risk, litigation exposure, and operational uncertainty.
The DOL proposes to rescind the 2024 rule and reinstate a weighted 'core factors' test - a shift that could significantly alter classification risk.
Areas Covered in the Session:
- Understand how regulatory whiplash has created classification instability - and how to respond
- Clearly explain what is changing - and what is not - in the proposed DOL contractor rule
- Understand how the proposed rule formally aligns FMLA classification with the FLSA’s economic reality framework - and what that means for leave eligibility risk
- Understand how the weighted "core factors" test alters classification risk compared to the 2024 rule
- Assess their current independent contractor arrangements under the proposed framework
- Identify where their greatest misclassification exposure exists
- Take concrete steps to create a defensible, documented classification process before the rule is finalized
- Understand how to submit meaningful comments that may shape the final rule
- Evaluate whether this proposed rule benefits your business
You will leave knowing exactly how to evaluate your 1099 workforce under the proposed rule - and what to fix before it becomes final.
Who Will Benefit:
- Business owners and executives - If your company relies on independent contractors, gig workers, or consultants and you need to understand how the proposed rule could affect your business model and risk exposure
- HR professionals and HR business partners - If you are responsible for classifying workers, drafting contractor agreements, conducting audits, or advising leadership on compliance risk
- General counsel and compliance leaders - If you need to evaluate litigation exposure and understand how the proposed "core factors" test differs from the 2024 rule
- Payroll and workforce administration professionals - If worker classification impacts overtime eligibility, recordkeeping, tax reporting, or FMLA determinations
- Staffing, franchise, and contractor-heavy employers - If your organization depends on flexible workforce structures and you need clarity on what the DOL’s proposed rule means for your operations
- Managers and operational leaders who engage contractors directly - If you supervise or work alongside independent contractors and need to understand how control, profit opportunity, and actual practice affect classification status