Keeping Up With Independent Contractor Definitions Under Trump 2.0 with David Miklas

Good Morning, HR

In episode 208, Coffey talks with David Miklas about the Department of Labor's evolving definitions and interpretations of independent contractor classification under the Fair Labor Standards Act.

They discuss why DOL interpretations matter for FLSA compliance and overtime requirements; the shift from Biden administration's six-factor economic reality test back to Trump administration's emphasis on control and profit/loss opportunity; the six key factors including nature and degree of control, opportunity for profit and loss, permanence of relationship, worker investments, skill and initiative requirements, and how integral the work is to the principal business; common classification mistakes across industries including misunderstanding IRS versus DOL tests; the risks of supervision and control over workers classified as contractors; how technology can demonstrate control in gig economy situations; the financial consequences of misclassification including unpaid overtime, liquidated damages, and attorney fees; and the importance of proper written agreements and immediate legal consultation when classification issues arise.

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About our Guest:

David Miklas owns a Labor & Employment law firm and for 26 years he has practiced all types of labor and employment law exclusively representing Florida employers.

He has written hundreds of employment law articles, is the co-author for the premier legal textbook used by lawyers for Florida employment law, is a frequent employment law presenter and is a nationally recognized speaker and an invited guest lecturer addressing employment law and human resource issues with over thirty universities, including Harvard.

Mr. Miklas graduated from the University of Florida College of Law.

David Miklas can be reached at

https://www.miklasemploymentlaw.com/

https://www.linkedin.com/in/david-miklas-301861121/

About Mike Coffey:

Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.

In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.

Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.

Imperative has been named a Best Places to Work, the Texas Association of Business’ small business of the year, and is accredited by the Professional Background Screening Association.

Mike shares his insight from 25+ years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community.

Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year.

Mike serves as a board member of a number of organizations, including the Texas State Council, where he serves Texas’ 31 SHRM chapters as State Director-Elect; Workforce Solutions for Tarrant County; the Texas Association of Business; and the Fort Worth Chamber of Commerce, where he is chair of the Talent Committee.

Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200) and teaches multiple times each week.

Mike and his very patient wife of 28 years are empty nesters in Fort Worth.

Learning Objectives:

1. Evaluate worker relationships using the Trump Administration’s six-factor economic reality test.

2. Differentiate between US Department of Labor independent contractor definitions and those of the and IRS and state regulators.

3. Respond appropriately to classification concerns to avoid liability.