1. Interns & Independent Contractors: New DOL Classification Guidance and What It Means for Employers

Interns & Independent Contractors: New DOL Classification Guidance and What It Means for Employers

Interns & Independent Contractors: New DOL Classification Guidance and What It Means for Employers
Event ID: 18058
Recording: 15395

Duration: 90 minutes including question and answer session.
Presenter: Melissa Fleischer, attorney at law and president, HR Learning Center, LLC
Price: $299.00, On-Demand includes full audio presentation, question and answer session, and presentation slides.
CE Credits: This program has been approved for 1.5 general recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute. This program is valid for 1.5 PDCs for the SHRM-CP or SHRM-SCP.
Who Should Attend? HR, managers and supervisors, financial officers, in-house counsel, trainers, CEOs

The Department of Labor recently took a major change in direction and issued a release letting employers know that, with regard to the FLSA and who constitutes an unpaid intern, they would no longer be basing this decision on their longstanding six-factor test. Instead, they will now adopt the primary beneficiary balancing test to determine who constitutes an employee and who does not. This is a major shift for the Department of Labor and one that employers need to understand. This webinar will review this change in-depth, analyze the recent cases that may have prompted this change, and evaluate the new standard that employers should utilize when using unpaid interns. In addition, DOL also recently rejected a prior administrator’s determination that had set forth a presumption that all workers are employees and not independent contractors. We will discuss what this change means and how employers can utilize it when classifying workers as independent contractors.

Please join Melissa Fleischer, attorney at law, as she explains how employers can stay up-to-date with these recent intern and independent contractor classification developments and helps you to understand how to ensure your compliance with the law.


Just a sampling of what this webinar will cover:

  • In-depth review of DOL’s change in position with regard to the 6-factor test for “unpaid interns”
  • Explanation of what this change means for employers going forward
  • Discussion of Second Circuit decision using primary beneficiary test and what it means for employers nationwide
  • How to conduct the balancing test and what the “primary beneficiary test” requires
  • DOL’s rejection of the administrator’s interpretation on independent contractors and what it means for your workplace
  • Better understanding of the six factor economic realities test for who is an independent contractor and who is not
  • Best practices for avoiding liability when classifying workers as independent contractors


Your conference leader for “Interns & Independent Contractors: New DOL Classification Guidance and What It Means for Employers” is Melissa Fleischer, attorney at law. Ms. Fleischer is the president of HR Learning Center LLC. Ms. Fleischer is a management-side employment attorney with over 20 years’ experience representing clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center LLC offers training seminars, webinars, and consulting on a variety of workplace and human resources issues. She is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her J.D. degree from the George Washington University School of Law.


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HRWebAdvisor certificates of participation are available to everyone completing this webinar.