FLSA Classification Mistakes: Independent Contractors and Student Interns

FLSA Classification Mistakes: Independent Contractors and Student Interns
March 25, 2024
10:00a.m.-11:00 a.m.
Cost: $500 per attendee per computer terminal
About The Speaker
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The Department of Labor has waged all out war on employers that misclassify their employees as independent contractors. This is a hot topic for the Department of Labor and employers that don't understand the law risk potential audits and lawsuits. In addition, the DOL has issued an Administrator's Opinion that sets forth the assumption that all workers are employees and not independent contractors. Attend this informative in-depth HR Webinar to learn how to properly identify who is an employee and who is an independent contractor. Get up-to-date on the tests that the Department of Labor and courts use to identify who is an independent contractor for wage and hour purposes as well as the IRS 20-Factor Test. Learn helpful tips to avoid making FLSA mistakes and ensure that you get it right the first time. This FLSA HR Webinar will also focus on how to properly use unpaid student interns without running afoul of the FLSA. It will discuss the recent Second Circuit decisions in the Black Swan and Hearst cases that set forth the "primary beneficiary" test and discard the DOL 6-Factor test for student interns.


  • How to Properly Classify Workers
  • Definition of Independent Contractors vs. Employees
  • What Tests Each Agency and the Courts Use to Distinguish Between Employees and Independent Contractors
  • Enforcement developments
  • Red flags you will want to avoid
  • Triggers that cause independent contractor status to be questioned
  • The risks to your organization of improper misclassification
  • The importance of a well-drafted agreement for independent contractors
  • The key government tests to determine status of Unpaid Student Interns and Volunteers
  • The renewed focus on interns
  • Is the intern really an employee?
  • How to Treat volunteers under the FLSA
  • Overview of recent case law on student interns and summary of Black Swan Second Circuit decision