confeplanet


W-2s vs. 1099s—Who Should be an Independent Contractor in 2025

All Days
Human Resources | Recorded Webinar | Duration: 90 Minutes
Margie Faulk

Live webinar instructions will be emailed to you 3 days prior to the event. || The recording, digital download, and full transcript will be available within 48 hours after the webinar.
Description

The distinction between a W-2 employee and a 1099 independent contractor has always been a critical topic for payroll professionals, HR managers, and business owners. In 2025, the stakes are even higher as federal and state authorities intensify efforts to identify and penalize misclassification. This expert-led webinar will walk you through the most current rules, tests, and real-world implications of classifying your workforce accurately.

Join Margie Faulk - PHR, SHRM-CP, a leading authority on payroll compliance, to gain practical tools and strategies to navigate the updated regulatory environment with confidence.


What You'll Learn:

This comprehensive session will arm you with essential knowledge, including:

1. DOL Criteria for Worker Status

  • Understand the latest (and legacy) Department of Labor rules being enforced in 2025.
  • Learn how changes under the Fair Labor Standards Act (FLSA) impact worker classification.

2. Permissible Classifications Under IRS Rules

  • Discover the recognized worker classifications allowed by the Internal Revenue Service.
  • Compare statutory employees, nonemployees, and common-law employees.

3. Common Law Rule Essentials

  • Get clarity on the 20-factor common law test.
  • Learn how behavior, financial control, and relationship dynamics affect classification.

4. IRS's Three Core Factors

  • Behavioral Control: Who directs the worker’s tasks?
  • Financial Control: Who controls the business aspects of the worker’s job?
  • Type of Relationship: Is there an ongoing relationship or benefits?

5. FLSA vs. IRS Classification

  • Learn how federal labor law (FLSA) diverges from IRS standards.
  • Explore how to remain compliant when the two systems offer different conclusions.

6. The ABC Test & State Law Supremacy

  • Understand how state laws can override federal rules.
  • Learn how the ABC test impacts independent contractor determination under SUI.

7. Cross-Agency Enforcement

  • Review IRS and DOL programs aimed at identifying misclassified workers.
  • Discover how multi-agency agreements amplify audit risks.

8. Form SS-8 Insights

  • Learn when and how to file IRS Form SS-8 to resolve classification uncertainty.
  • Get guidance on leveraging Form SS-8 strategically.

9. W-2s vs. 1099s: Who Gets What?

  • Understand the critical differences in documentation and taxation.
  • Discover why one individual should never receive both in the same calendar year.

10. Audit Triggers and Compliance Risks

  • Find out how easily a 1099 audit can be triggered in 2025.
  • Learn proactive steps to avoid red flags in your contractor agreements.

11. Penalties for Misclassification

  • Explore the steep financial and legal consequences of misclassification.
  • Understand who enforces the penalties: It’s not just the IRS.

12. Remediation Steps

  • Learn what to do if you discover a misclassified worker.
  • Discover safe harbor options, retroactive corrections, and protective documentation.

Why You Need to Attend?

Misclassification is no longer a minor risk—it’s a regulatory minefield. As the federal and state governments coordinate enforcement efforts, fines and penalties for misclassifying workers have skyrocketed.

This webinar helps you:

  • Avoid costly audits and litigation.
  • Build a classification system that complies with both federal and state laws.
  • Reduce risk exposure across payroll, HR, and finance operations.
  • Equip your team with the tools and documentation to justify classifications.

Whether you’re a business owner managing freelancers or an HR manager navigating gray areas of worker control, this webinar will provide clarity, compliance strategies, and peace of mind.


Who This Course Is For:

This course is ideal for professionals and decision-makers who deal with payroll, HR compliance, and worker classification. Attendees include:

  • Payroll Professionals
  • HR Teams
  • Accounting and Finance Staff
  • Business Owners
  • Operations and Department Managers
  • Attorneys and Legal Professionals

Lawmakers and Government Consultants

Rhanda McKown

Margie Faulk

Margie Faulk is a senior-level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, and non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration Compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness, not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations.Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part of an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book, and other compliance program tools when attendees register and attend Margie’s training.Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).

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