Park Avenue Presentations

The Department of Labor’s New Independent Contractor Rule What Every Employer Needs to Know

Duration: 60 minutes

Speaker: Dr. Jim Castagnera, Esq.


Special Feature: If you register for this webinar and cannot attend, you will be able to access a one-time instant replay without charge for up to 90 days after the date of the webinar.


Bonus for Each Registrant:  The webinar speaker will answer one written question that you may submit by email within one week after the webinar.



Webinar Description

The U.S. Department of Labor’s final rule on Independent Contractor status went into effect on March 11. 2024. The new rule was years in the making. During the Trump administration, the Labor Department issued relaxed rules for establishing independent contractor status. The Biden administration quickly put a hold on the liberalized regulations and launched a three-year period of reconsideration.


The end result is not so much a new departure as it is a return to tried and true principles predating the Trump presidency and with deep roots in American regulatory and common law. Prior to 2021, the Labor Department afforded employers seven guidelines for determining who in the workforce was an employee versus who was an independent contractor. The new final rule reduces these seven informal guideposts to six enforceable factors.


The DOL describes the new regulatory principle as a “totality of the circumstances” test grounded in “economic realities.” Consequently, the six factors are labeled by the Department as non-exhaustive.


You need to know how to differentiate between an independent contractor and an employee. The result of misclassification can be financially significant. Your organization could owe an “employee” overtime, back pay and costly employee benefits.


Join Dr. Jim Castagnera, Esq., an attorney with decades of HR Law experience as practitioner, commentator and teacher, as he explains in a crisp one-hour briefing just what the new regulation says, what it means, and how it ought to be applied in your day-to-day decision making. The hallmarks of this briefing will be practical guidance and pragmatic suggestions.



What will be covered:



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This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.