DOL Final Rule for Worker Classification: Impact on Retirement Plan Participation and Healthcare Coverage
Key Considerations for Employers: ACAs 50-Employee Threshold, Retroactive Claims, Misclassification, Plan Reporting, and Audits
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide employee benefits counsel and employers guidance on the impact of the new DOL final rule regarding worker classification on retirement plan participation and healthcare coverage. The panel will discuss the new six-factor test for assessing employee versus independent contractor status, the tests used by the Internal Revenue Service and the potential impact on the ACA 50-employee threshold for small businesses' healthcare compliance requirements, avoiding misclassification with contractor-related language in employee benefit plans, the potential unintended adverse consequences of such language, and next steps for retirement and other plan sponsors.
Outline
- The problem with misclassifying workers
- New DOL final rule and challenges
- The consequences of misclassifying employees
- How the government detects worker classification violations
- Avoiding the impact of worker misclassification violations in light of DOL final rule
Benefits
The panel will review these and other critical issues:
- Key provisions of the new DOL final rule for worker classification
- New six-factor test for determining employee vs. independent contractor as compared to the IRS test
- Impact of ACA's 50-employee threshold and any shift in number of employees
- Guidelines for correcting employee misclassification
- Potential triggers for a misclassification audit
- Steps employers can take to ensure workers are properly classified and paid
- Actions that can be taken to mitigate the consequences of a determination of worker misclassification in benefits plans
Faculty
Sherrie Boutwell
Partner
Boutwell Fay
For over thirty years, Ms. Boutwell has focused her entire law practice and ongoing education on finding solutions in... | Read More
For over thirty years, Ms. Boutwell has focused her entire law practice and ongoing education on finding solutions in this ever-changing and complex area of today’s employee benefit challenges. She enjoys unraveling the mysteries of ERISA with her clients with a clear focus on truly understanding each client’s issues while carefully and clearly defining the best options for each situation.
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Alexandra Shulman
Senior Counsel
Buchalter
Ms. Shulman is a member of Buchalter’s Litigation and Labor and Employment Practice Groups. She defends employers... | Read More
Ms. Shulman is a member of Buchalter’s Litigation and Labor and Employment Practice Groups. She defends employers against claims in a variety of labor and employment litigation areas, including wrongful termination, discrimination, retaliation, sexual harassment, wage and hour, health and safety, and employee mobility matters. Ms. Shulman also provides employers of all sizes with advice and counsel on a wide range of issues, including hiring, terminations, disciplinary matters, employment agreements, policy and handbook review, protected leave, noncompetition agreements and restrictive covenants, reductions in force, workplace accommodations, privacy laws, health and safety issues, wage and hour laws, and other matters of legal compliance. She also represents clients in complex business, commercial, consumer fraud, and professional liability litigation. Ms. Shulman has been selected as an Oregon Rising Star by Oregon Super Lawyers in the area of Employment & Labor from 2017 to 2021.
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