And Then There Was Mills - Mother Jones
At the start of last week, there were four members of Congress at risk of expulsion due to allegations of severe misconduct. Two of those members, Reps. Tony Gonzales (R-Texas) and Eric Swalwell (...
DOL Proposes New Independent Contractor Classification Rules - The National Law Review
On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor economic realities test. While the test factors remain the same (for the most part), the DOL’s NPRM advances interpretations of the various factors that support employment status at every turn.
IN DEPTH
LEGAL OVERVIEW
For years, the DOL and federal courts have applied a five or six-factor “economic realities” test looking at the totality of the circumstances. Each factor is reviewed with a lens towards assessing whether the worker is economically dependent on the employer for work or in business for him or herself. These six factors are:
-
Worker’s Opportunity for Profit or Loss Depending on Managerial Skill
-
Investments by the Worker relative to the Employer’s Investment
-
Degree of Permanence of the Work Relationship
-
Nature and Degree of Control by the Employer (specifically: scheduling, supervision, price-setting, and ability to work for others)
-
Extent to Which the Work Performed is an Integral Part of the Employer’s Business
-
Skill and Initiative
While no one factor is to be dispositive or given additional weight, various courts have held that the control factor should be afforded the most weight.
In January 2021, near the end of President Trump’s presidency, the DOL, led by Eugene Scalia at the time, issued a final rule...
Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMidWh0dHBzOi8vd3d3Lm5hdGxhd3Jld...