Evolving FLSA, ACA, DOL and NLRB Requirements: Unraveling the Overlapping Regulatory Regimes

Avoiding Employee Misclassification Claims, Overtime Liability and Coverage Penalties While Meeting Business Objectives

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, January 6, 2016

Recorded event now available

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Course Materials

This CLE course for employment counsel will discuss the challenges to employers presented by recent major developments in key workplace laws—proposed revisions to the Fair Labor Standards Act, the new requirements of the Affordable Care Act, the Department of Labor’s position that most independent contractors are really employees, and the National Labor Relations Board’s new standard for establishing joint-employer status.


Major changes to workplace laws have recently woven together to create complications that will challenge employers’ abilities to meet compliance and operational objectives. The ACA’s coverage requirements and potential penalties, upcoming revisions to the FLSA’s white-collar exemptions, the DOL’s position that most independent contractors should be treated as employees, and the NLRB’s announcement of a new standard for establishing joint-employer status have combined to create overlapping legal challenges for companies.

These changes make clear that employers must provide increased benefits and pay to workers, actions that will strain employers’ ability to comply with federal law without making disruptive changes to the way they do business. Failure to properly determine and document which workers are employees can expose employers to wage claims and penalties for failing to offer mandated health coverage. Employment counsel must be prepared to offer companies needed clarity about the law, practical advice for complying with it, and suggestions for meeting the business objectives that these changes endanger.

Listen as our distinguished panel discusses the relationship of these laws, their potential impact on employers, and how employment counsel can help companies proactively manage the concerns they raise. The panel will outline best practices in preparing companies for compliance with these changing workplace laws.



  1. Proposed amendments to FLSA white-collar exemptions
  2. DOL approach to independent contractors
  3. NLRB and joint employer relationships
  4. ACA requirements and potential penalties
  5. Best practices for meeting compliance and operational objectives


The panel will review these and other key issues:

  • How will proposed changes to the FLSA’s white-collar exemptions affect employers?
  • How do the laws differ in classifying workers?
  • How should employers evaluate their current practices to ensure future compliance?
  • How should companies consider structuring operations and revising their practices and agreements in light of the NLRB’s ruling on joint-employer status?


Nicole D. Bogard
Nicole D. Bogard

Seyfarth Shaw

Ms. Bogard practices in the firm's Employee Benefits & Executive Compensation Department where she collaborates...  |  Read More

Heather G. Havette
Heather G. Havette

Seyfarth Shaw

Ms. Havette practices in the firm's national Wage & Hour Litigation Practice Group where she advises employers...  |  Read More

Johnson, Louisa
Louisa J. Johnson

Seyfarth Shaw

Ms. Johnson is a member of the firm’s national Wage & Hour Litigation Practice Group where she devotes the...  |  Read More

Stuart Newman
Stuart Newman

Seyfarth Shaw

Mr. Newman is a partner in the firm's Labor & Employment Department where his practice, which is national in...  |  Read More

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