Posts tagged Delay and Withdrawal Rules

    Biden Department of Labor Must Protect Independent Contractors in New Rulemaking

    June 7, 2022 // Independent contractors should be concerned with the Biden Administration’s hostile posture towards freelance work. The administration has worked on withdrawing the Trump Independent Contractor Rule since the day of President Biden’s inauguration. The Trump Independent Contractor Rule created an “economic reality” test to determine whether the individual in question works for themselves or their employer. The test looks at two “core factors” to determine the individual’s status: 1) “the nature and degree of control that the individual has over the work itself” and 2) “the opportunity for profit or loss based on the individual’s investment or initiative.” This test clarified the definition of an independent contractor Coalition for Workforce Innovation v. Walsh