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DOL Independent Contractor Rule Comments Due Friday

Source: the U.S. Chamber of Commerce

The U.S. Department of Labor (DOL) has proposed a new regulation to determine whether someone should be classified as an "independent contractor" or an "employee" under the Fair Labor Standards Act (FSLA). This new regulation would replace the regulation issued by the Trump administration that the U.S. Chamber supported. The proposal can be viewed here and comments are due to the Department of Labor by Tuesday, December 13.

The new regulation is heavily biased towards concluding that someone should be considered an employee. If an employer determines a worker should be classified as an independent contractor, the employer will not be confident that classification will be correct until the DOL approves it. The only way an employer can be confident in their classification decision is if they classify someone as an employee—the DOL will never question that decision.

Click here to read comments that explain the problems with the proposed regulation and call for its withdrawal. They are written broadly without specific industry references. If your organization wishes to be listed on these comments, please click here to sign your organization to the comment letter by the deadline this Friday, December 9 at 5:00 p.m.