The U.S. Department of Labor’s proposed test to determine if a worker is an employee or an independent contractor would apply to all industries, including trucking.

So it’s no surprise that the proposal has generated a great deal of feedback. As of Dec. 5, the notice of proposed rulemaking crafted by the Labor Department’s Wage and Hour Division had already prompted more than 45,000 comments.

The public will have through Dec. 13 to comment on the proposed worker classification test. Unlike California’s controversial Assembly Bill 5, the proposal would analyze several factors and use the “totality of the circumstances” to determine if a worker is an employee or an independent contractor.

The rulemaking would rescind a prior Trump administration rule, which adopted an economic reality test focused on two core factors – control and profit. The Labor Department proposes an economic realities test that requires a totality-of-the-circumstances analysis of multiple factors.

The Department of Labor’s proposal looks at six factors:

• 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.

When it comes to trucking, OOIDA President Todd Spencer encouraged the Department of Labor to listen to the concerns...

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