Request for Stories by 11/21: Independent Contractors

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November 15, 2022
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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:

  1. The opportunity for profit or loss depending on managerial skill.
  2. The investments by the worker and the employer.
  3. The degree of permanence of the work relationship.
  4. The nature and degree of employer control.
  5. The extent to which the work performed is an integral part of the employer’s business.
  6. 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.


  1. Your name of business and location
  2. If you are an independent contractor or use an independent contractor(s)(how many?)
  3. How do you function as an independent contractor or use an independent contractor?
  4. Do you believe your independent contractor could pass this test, or do you think the factors could be tweaked to serve your business better?
  5. 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