Program Details
2026-09-15 12:00:00
Over 1,000+ webinars
Course Overview
2026-09-15 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThe determination of whether an individual is an employee or independent contractor has challenged businesses for decades. The complexity of the analysis has been exacerbated by various agencies applying different tests and/or changing the factors used in the determination.
On February 26, 2026, the United States Department of Labor (DOL) once again proposed a new Rule revising its analysis for distinguishing between employees and independent contractors under the Fair Labor Standards Act and suspending enforcement of the current 2024 six factor Rule. The proposed Rule large restores the 2021 independent contractor final Rule issued during the first Trump Administration. This session will review the proposed Rule and discuss the two “core” factors that carry the most weight. The session will also discuss best practices for businesses on how to address concerns that private plaintiffs may still rely on the 2024 Rule while DOL’s interim enforcement policy is in effect. Attorneys will also learn practical steps on how to structure these relationships to support independent contractor status including contractual terms that support or damage independent contractor status and penalties associated with misclassification. Upon completion, attendees will be able to identify high-risk relationship and advise on restructuring versus reclassification.
John S. Ho 1:10 pm - 2:10 pm ESTThis session equips defense-side practitioners to navigate worker misclassification claims and government audits during the period when two competing federal standards are simultaneously operative: the 2024 DOL Final Rule and the pre-rule economic reality framework reinstated by FAB 2025-1. Attorneys will learn how to calibrate defense strategy based on forum, build a contemporaneous record supporting classification decisions, assess willfulness and liquidated damages exposure, and manage enforcement risk across ABC-test states where federal enforcement shifts have no effect.
Matthew A. BrownJohn S. Ho exclusively represents employers in labor and employment matters, with extensive experience in wage and hour matters under the Fair Labor Standards Act, New York Labor Law, and other federal and state employment laws. He regularly defends employers in hybrid class and collective actions involving exemption misclassification, off-the-clock work, rounding claims, tip credits and pooling, wage deductions, and regular-rate issues. He also assists companies with internal wage and hour audits and Department of Labor audits, including audits arising from the misclassification of independent contractors. As co-chair of Cozen O’Connor’s OSHA-Workplace Safety Practice, John also advises employers on workplace safety and health matters and OSHA investigations and enforcement.
Matthew A. Brown is a partner in Thompson Coburn LLP’s New York office who focuses his practice on labor and employment law and represents employers across a wide range of industries, including food service, building service, construction, transportation, automotive, trucking, retail, and warehousing. He combines proactive employment counseling with strong defense when disputes arise. His experience includes complex employment litigation, class and collective actions, wage and hour disputes, discrimination and harassment claims, breach of contract matters, and restrictive covenant disputes. He also advises management on day-to-day employment issues, including employment agreements, employee handbooks, and employee discipline.
John S. Ho exclusively represents employers in labor and employment matters, with extensive experience in wage and hour matters under the Fair Labor Standards Act, New York Labor Law, and other federal and state employment laws. He regularly defends employers in hybrid class and collective actions involving exemption misclassification, off-the-clock work, rounding claims, tip credits and pooling, wage deductions, and regular-rate issues. He also assists companies with internal wage and hour audits and Department of Labor audits, including audits arising from the misclassification of independent contractors. As co-chair of Cozen O’Connor’s OSHA-Workplace Safety Practice, John also advises employers on workplace safety and health matters and OSHA investigations and enforcement.
Matthew A. Brown is a partner in Thompson Coburn LLP’s New York office who focuses his practice on labor and employment law and represents employers across a wide range of industries, including food service, building service, construction, transportation, automotive, trucking, retail, and warehousing. He combines proactive employment counseling with strong defense when disputes arise. His experience includes complex employment litigation, class and collective actions, wage and hour disputes, discrimination and harassment claims, breach of contract matters, and restrictive covenant disputes. He also advises management on day-to-day employment issues, including employment agreements, employee handbooks, and employee discipline.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
