Posts tagged Independent Contractor Rule

    Rideshare, retailers brace for tough U.S. independent contractor rule

    September 28, 2022 // The meetings at the White House were one-sided, with officials at OIRA letting groups speak and not participating or asking follow-up questions, several employer sources said. They are interpreting that as a sign the Biden administration's mind is made up. Some of the groups have been trying, and failing, to convince the White House that any broad rule would hurt workers who want to remain independent and have flexibility...More than one-third of U.S. workers, or nearly 60 million people, performed some sort of freelance work.

    Biden Administration Continues Waging War on Freelancing

    June 10, 2022 // The U.S. District Court for the Eastern District of Texas ruled the department violated the Administrative Procedure Act of 1946 by only offering a 19-day comment period on the “delayed” IC rule. Governmental agencies must allow 30-60 notice-and-comment periods. The Coalition for Workforce Innovation et al. v. Walsh decision reads like this, “Having vacated the Delay Rule, the court turns to the Withdrawal Rule. Plaintiffs claim that the Withdrawal Rule is arbitrary and capricious, in violation of the APA. Again, the court agrees.”

    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