BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month March 31, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

Employee Benefits: DOL Rules for Worker Classification, Key Employer Considerations

ACA 50-Employee Threshold, Retroactive Claims, Misclassification, Plan Reporting, and Audits

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$297.00
$252.45
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Discount expires 1/18/26

This course is $0 with these passes:

CLE
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About the Course

Introduction

This CLE webinar will provide employee benefits counsel and employers guidance on navigating DOL rules regarding worker classification on retirement plan participation and healthcare coverage. The panel will discuss the six-factor test for assessing employee vs. independent contractor status, the tests used by the IRS 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.

Description

The misclassification of workers as independent contractors or employees can lead to adverse repercussions for companies that fail to classify their workforce accurately. Determining whether someone qualifies as an independent contractor or an employee is critical for companies in order to maintain compliance and avoid back taxes and penalties.

In addition to potential tax consequences, misclassifying workers exposes companies to legal action. The U.S. Department of Labor rules provide an exhaustive six-factor test for assessing employee vs. independent contractor status for FLSA purposes. This will likely have a significant impact on healthcare plan coverage and retirement plan participation.

Employers and their counsel must recognize the impact of the DOL rules on healthcare and retirement plans, such as (1) navigating the ACA's 50-employee threshold and any shift in the number of workers classified as employees for small businesses' healthcare compliance requirements; (2) guarding against retroactive claims for benefits if there is a misclassification; and (3) the impact to retirement plans along with other key issues.

Listen as our panel discusses the ins and outs of worker classification under the DOL rules and steps companies can take to avoid the harsh consequences of misclassifying employees.

Presented By

Sherrie Boutwell
Partner
Boutwell Fay, LLP

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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Matthew E. Ritzman, Ph.D.
Attorney
Honigman LLP

Mr. Ritzman, Ph.D., is an experienced labor and employment attorney. He serves as trusted advisor to human resource and labor relations professionals. Mr. Ritzman works proactively with clients to develop comprehensive strategies to address emerging workplace challenges to ensure compliance with federal, state, and local laws. He brings a wealth of experience handling administrative investigations, arbitrations and employment litigation matters. Prior to joining Honigman, Mr. Ritzman represented the National Labor Relations Board, where he led hundreds of investigations and served as lead counsel in numerous successful representations before administrative law judges. He is also skilled at dispute resolution, having negotiated many pre-litigation settlements. 

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, March 31, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. The problem with misclassifying workers

II. DOL final rule and challenges

III. The consequences of misclassifying employees

IV. How the government detects worker classification violations

V. Avoiding the impact of worker misclassification violations

The panel will review these and other critical issues:

  • Key provisions of the DOL final rule for worker classification
  • The 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