The DOL is changing the independent contractor rules.
Learning everything you need to do to comply—and classify your workers correctly.


The Department of Labor’s Wage and Hour Division has rolled out new proposed regulations defining who are employees and who are independent contractors under the Fair Labor Standards Act and, for the first time, under the Family and Medical Leave Act. This means the DOL will use the same test, once finalized, to determine whether a worker is an employee entitled to FMLA leave or an independent contractor with no FMLA rights.

The good, the bad and the complicated
For employers who want to use independent contractors, the proposed rules make it easier to classify those workers as independent contractors if you understand and follow the new tests the DOL will be using. Get the classification right under the new rules and you won’t have to pay overtime or minimum wage or follow other FLSA rules. Nor will you have to provide unpaid FMLA leave when the worker or a family member becomes ill. Instead, you and the independent contractor negotiate the terms and conditions of the work as you draft the independent contractor agreements.

But it’s going to be complicated. You’ll start with two “core” tests. Fail these and your worker is an employee. But passing isn’t enough. You’ll move on to three more tests. The more you pass, the more likely the worker can be classified as independent. And the DOL may require you to “show your work.”

Get the classification wrong and you’re on the hook for unpaid overtime, wage violations and more. But “getting it right” is confusing, which is why we designed this webinar with you in mind. Reserve your spot today.

  • Why you may want to use independent contractors, and when that’s a poor choice.
  • See what’s different about the proposed rules and why you should review every existing independent contractor agreement you have now.
  • The new tests will apply to the FMLA, too. Learn what you can do to take advantage of the expansion.
  • Learn details about the two core tests that will likely determine whether you can even consider an independent contractor arrangement.
  • How to arrange work so the worker has maximum control of their work while assuring the work gets done correctly and on time.
  • Learn what the contract should say about what the independent contractor is bringing to the job, including investment and tools.
  • Why you should encourage the independent contractor to work for others, too.
  • See what kinds of work assignments spell trouble and which are appropriate for an independent contractor.
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