Interns & Independent Contractors: New Classification Requirements Employers Need to Follow

Event ID:16194

Choose Option

Please Select an Option
DL Only                 $349.00 includes recorded presentation, slides, and Q&A
Duration: 90 minutes including question and answer session.
Presenter(s): Melissa Fleischer, attorney at law and president, HR Learning Center, LLC
Price: $349.00, DL includes full audio presentation, question and answer session, and presentation slides.
Who Should Attend? Principals, department heads, superintendents, administrative staff, school counsel
Best For: K-12, Higher Education

Employers need to be in compliance with Department of Labor determinations and several recent court rulings on interns and independent contractor classification requirements or face the consequences. The DOL has set forth the requirements for when an employer may use an unpaid intern without violating the FLSA. Based on these criteria, courts recently have found significant liability for two different employers who had classified workers as interns in violation of these DOL requirements. In two important cases both Fox Searchlight and the Hearst Corporation failed to demonstrate compliance with the DOL requirements. Both cases, however, were recently overturned by the Second Circuit Court of Appeals in New York. The court in these cases adopted a new balancing test referred to as the “primary beneficiary test” to determine whether an individual is properly classified as an unpaid intern without violating the FLSA.

Further, DOL recently issued an Administrator’s Interpretation regarding how to properly classify workers as independent contractors versus employees that appears to presume that all workers are employees. The interpretation also indicates that DOL will continue to focus on employers that misclassify workers as independent contractors when they are really employees. Now that the administration has changed, what will become of this interpretation and area of focus?

Please join Melissa Fleischer, attorney at law, as she explains how employers can stay up-to-date with these recent intern and independent contractor classification developments and helps you to understand how to ensure your compliance with the law.


Just a sampling of what this webinar will cover:

  • In-depth review of Second Circuit decision and what it means for employers nationwide
  • How to conduct the balancing test and what the “primary beneficiary test” requires
  • The six factors that the DOL has set forth as requirements for using an unpaid intern
  • In-depth analysis of what each of these six factors requires
  • The DOL interpretation of who is an independent contractor and what it means for your workplace
  • The six factor economic realities test for who is an independent contractor and who is not
  • Best practices for avoiding liability when classifying workers as independent contractors


Your conference leader for “Interns & Independent Contractors: New Classification Requirements Employers Need to Follow” is Melissa Fleischer, attorney at law. Ms. Fleischer is the president of HR Learning Center LLC. Ms. Fleischer is a management-side employment attorney with over 20 years’ experience representing clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. HR Learning Center LLC offers training seminars, webinars, and consulting on a variety of workplace and human resources issues. She is also a frequent speaker on a wide range of employment law topics including: workplace investigations, anti-harassment training, FMLA and ADA training, workplace violence prevention, etc. Ms. Fleischer earned her J.D. degree from the George Washington University School of Law. QUALITY COMMITMENT

EducationAdminWebAdvisor, a division of DKG Media, LP, wants you to be satisfied with your webinar. If this webinar does not meet your expectations, email us at


EducationAdminWebAdvisor certificates of participation are available to everyone completing this webinar.