Independent Contractor or Employee? DOL 2026 Final Rule & IRS Guidelines to prevent worker misclassification

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SHRM & HRCI Approved Webinar | CEUs = 1.5 Credit Hours

Overview:

Misclassifying workers is one of the costliest mistakes in all of personnel management. Even as the cost of employing workers rises, facing an audit of workers you put on 1099 can mean an expensive payroll tax assessment – one that often ends in bankruptcy. Although the IRS has remained relatively consistent in their evaluation of working relationships, many states are forcing more and more workers to be put on payroll.

In 2026, the DOL revised the Final Rule on the matter of what makes an independent contractor. They dismissed the two main methods of determinations. We will discuss the Final Rule in detail, so that you can evaluate you independent contractors for possible misclassification. You will also be able to effectively argue the topic with auditors, reviewers or courts & the OBBB Act of 2025. 2025 officially reinstated the ABC test – learn how this test and the DOL Final Rule relate to each other in determining your independent contractor status.

What will You Learn:

  • Misclassification Facts – IRS estimates of lost revenue
  • Who Cares? – Variety of agencies that audit for this and why
  • THE DOL’s FINAL RULES 2026 and 2024. And the OBBB recognition of the ABC test
  • IRS 3 Part Test – the minimum standard for federal and state purposes
  • IRS pub 1779VII. State Determinations – how they are being narrowed year by year
  • Exposure – How to determine your vulnerability to audit
  • Procedures for ensuring proper classification – how to tighten up your company procedures
  • Ancillary Issues – Recordkeeping and risk management
  • Electronic Filing and TIN matching
  • Backup Withholding
  • Current Cases

Why You should Attend:

After attending this webinar, you will be able to:

  • Know and apply the factors that determine an employment vs independent contractor relationship
  • Know how the states can and do differ from the IRS and other federal guidelines
  • Correctly categorize all workers as either an independent contractor or employee
  • Effectively argue your position if questioned about a worker’s status
  • Know about and avoid the penalties for misclassification.
  • Document the reasons for your decision
  • Train your hiring, payroll and HR workforce on this matter

So, join Mark in this important webinar for all hiring managers, as well as payroll and a/p personnel. With a few well-trained individuals in your company, you will gain peace of mind in your worker classification decisions. Take it from an ex-auditor – it is well worth the time and effort to properly conduct business with independent contracts as it is for your employees.

Who should Attend:

  • Payroll Managers and Professionals
  • HR Managers and staff
  • Hiring personnel
  • Internal and External Audit personnel
  • A/P managers and staff
  • Personnel executives

Mark Schwartz

Mark Schwartz

M. Swratz earned a Master’s Degree in Business Administration from Santa Clara University. He worked for 8 years as an internal auditor for private and public entities. He evaluated business operations for efficiency and effectiveness. This included regulatory compliance, financial reporting and divisions’ ability to meet and exceed goals and standards set by the organization. He evaluated CalPERS’ payroll and HR division, one of the largest such divisions in California State Government. M. Swratz has processed payrolls for approximately 1 dozen small to medium sized businesses in Sacramento. He was also a payroll tax auditor for the State of California. His most complex business included multiple shifts, overtime calculations, garnishments, wage differentials, FLSA compliance and other wage and labor issues. His payroll software is flexible to all needs of the small business community. M. Swratz has provided consultation services for 8 different national payroll webinar providers. He has a wide presence, speaking to audiences on 20 different payroll tax related topics. These include Multi-State Employment, Fringe Benefits, Audits, Root-Cause analysis, Payroll Related Fraud, and many others. This forces Philip to keep up on all the latest payroll laws and regulations in all 50 states. This ensures both accuracy in processing your payroll, but also the flexibility and knowledge to grow with your business.

Continuing Education Accreditations

SHRM -

CEU Trainers is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit - portal.shrm.org.

HRCI -

This webinar has been approved for 1.5 HR (General) re-certification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute.

The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for re-certification credit.

Once you register or enroll in a live webinar course, a secure link will be provided under your profile panel. You will also receive an email invitation 24 hours prior and 1 hour before the scheduled start time containing the access link.

Yes! All courses offered by CEUTrainers are designed in tandem with professional accreditation organizations in the HR, BFSI, Payroll, and Construction sectors. Continuing Education Units (CEUs) are fully recognized and can be claimed towards professional recertifications.

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