📌 Overview
In 2025, the U.S. Department of Labor (DOL) has shifted its enforcement approach under the Fair Labor Standards Act (FLSA), stepping away from the 2024 Independent Contractor Rule and reinstating the long-standing “economic reality” test. This change may make it easier for businesses to classify workers as independent contractors at the federal level—but it also introduces new compliance risks if misclassification occurs.
Instead of relying on rigid criteria, the DOL will now assess worker status based on a holistic view of the working relationship—focusing on factors such as employer control, the permanency of the engagement, and the worker’s ability to earn profit or incur loss. This framework, outlined in Fact Sheet #13 (2008) and Opinion Letter FLSA2019-6, centers on whether a worker is economically dependent on the employer or truly operating an independent business.
This session equips managers, HR professionals, and legal teams with the insights needed to navigate this shift confidently and compliantly.
🎯 Why You Should Attend
With the DOL’s Wage and Hour Division (WHD) no longer enforcing the 2024 Rule, investigators will return to the broader, more flexible “economic reality” test—widely considered more favorable to employers. However, this does not eliminate the need for careful analysis. Employers must evaluate how workers actually perform their roles—not just how contracts or job titles describe them.
This webinar will help you:
- Understand the implications of the DOL’s enforcement shift
- Avoid misclassification risks and potential litigation
- Prepare your organization for evolving federal scrutiny
📚 Topics Covered
- How the DOL’s updated enforcement stance affects worker classification
- Key tools and criteria for determining employee vs. contractor status
- How freelancers and gig workers may respond to the new framework
- The six non-exhaustive factors guiding independent contractor analysis
- Anticipated legal challenges and case law developments
- Best practices for maintaining compliance under the “economic reality” test
- Differences between written job descriptions and actual job functions
- Strategic steps for HR and payroll teams to mitigate risk
👥 Who Should Attend
- Business Owners and Executive Leaders
- HR Managers and Compliance Officers
- Payroll Professionals and Administrators
- Legal Counsel and Employment Law Advisors
- Operations and Departmental Managers
- Consultants and Freelance Workforce Coordinators
- Anyone responsible for worker classification and labor law compliance
Ask your question directly from our expert during the Q&A session following the live event.
Speaker
Vicki M. Lambert, CPP, is President and Academic Director of The Payroll Advisor™, a firm specializing in payroll education and training. The company’s website www.thepayrolladvisor.com offers a payroll news service which keeps payroll professionals up-to-date on the latest rules and regulations.
With 40 years of hands-on experience in all facets of payroll functions as well as over three decades 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 now presents a weekly podcast, Payroll 24/7, on all things payrolls.
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