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The US Dept. of Labor is proposing a rule that would rescind a prior Trump administration rule, which adopted a test focused on two core factors – control and profit. The DOL proposes an economic realities test that requires a totality-of-the-circumstances analysis of multiple factors. Under this proposed rule, the factors are:
- The opportunity for profit or loss depending on managerial skill.
- The investments by the worker and the employer.
- The degree of permanence of the work relationship.
- The nature and degree of employer control.
- The extent to which the work performed is an integral part of the employer’s business.
- The worker’s use of skill and initiative.
In its Initial Regulatory Flexibility Analysis, DOL estimates that millions of small businesses could hire and/or be independent contractors. DOL estimates compliance costs of under $25, which includes an estimate that it will take small businesses 15 to 30 minutes to read and understand the rule.
HERE’S WHAT IS NEEDED:
- Your name of business and location
- If you are an independent contractor or use an independent contractor(s)(how many?)
- How do you function as an independent contractor or use an independent contractor?
- Do you believe your independent contractor could pass this test, or do you think the factors could be tweaked to serve your business better?
- If this were put into place, what would happen to your business?
Please share your story with Hilary Kirchner, NAWBO Columbus VP of Public Policy at firstname.lastname@example.org