3-day Virtual Seminar

Independent Contractor Classification Reset: Risk, Litigation, and the DOL's 2026 Proposal

Overview

HR leaders cannot confidently classify workers as employees or independent contractors because the federal standard keeps changing - and misclassification carries severe financial and legal consequences.

Employers lack a stable, defensible framework for classifying independent contractors in a rapidly shifting regulatory environment - creating financial risk, litigation exposure, and operational uncertainty.

The DOL proposes to rescind the 2024 rule and reinstate a weighted 'core factors' test - a shift that could significantly alter classification risk.

Areas Covered in the Session

• Understand how regulatory whiplash has created classification instability - and how to respond
  
• Clearly explain what is changing - and what is not - in the proposed DOL contractor rule
  
• Understand how the proposed rule formally aligns FMLA classification with the FLSA’s economic reality framework - and what that means for leave eligibility risk
  
• Understand how the weighted "core factors" test alters classification risk compared to the 2024 rule
  
• Assess their current independent contractor arrangements under the proposed framework
  
• Identify where their greatest misclassification exposure exists
  
• Take concrete steps to create a defensible, documented classification process before the rule is finalized
  
• Understand how to submit meaningful comments that may shape the final rule
  
• Evaluate whether this proposed rule benefits your business

You will leave knowing exactly how to evaluate your 1099 workforce under the proposed rule - and what to fix before it becomes final.

Who Will Benefit

• Business owners and executives - If your company relies on independent contractors, gig workers, or consultants and you need to understand how the proposed rule could affect your business model and risk exposure
  
• HR professionals and HR business partners - If you are responsible for classifying workers, drafting contractor agreements, conducting audits, or advising leadership on compliance risk
  
• General counsel and compliance leaders - If you need to evaluate litigation exposure and understand how the proposed "core factors" test differs from the 2024 rule
  
• Payroll and workforce administration professionals - If worker classification impacts overtime eligibility, recordkeeping, tax reporting, or FMLA determinations
  
• Staffing, franchise, and contractor-heavy employers - If your organization depends on flexible workforce structures and you need clarity on what the DOL’s proposed rule means for your operations
  
• Managers and operational leaders who engage contractors directly - If you supervise or work alongside independent contractors and need to understand how control, profit opportunity, and actual practice affect classification status