Ms. Jessica Looman
Principal Deputy Administrator
Wage and Hour Division
U.S. Department of Labor, Room S-3502
200 Constitution Avenue NW
Washington, DC 20210
Re: Proposed Rule, Department of Labor; Employee or Independent Contractor Classification under the Fair Labor Standards Act; Fed. Reg. 62218; RIN 1235-AA3487 (Oct. 13, 2022)
Dear Ms. Looman:
The U.S. Chamber of Commerce (the “Chamber”) presents these comments to the Department of Labor (“the Department” or “DOL”) in response to its Notice of Proposed Rulemaking and Request for Comments regarding Employee or Independent Contractor Classification under the Fair Labor Standards Act (the “FLSA” or the “Act”) (“Proposed Rule”).
The Chamber is dedicated to promoting, protecting, and defending America’s free enterprise system. More than 96% of Chamber member companies have fewer than 100 employees, and many of the nation’s largest companies are also active members. We are therefore cognizant not only of the challenges facing smaller businesses, but also those facing the business community at large.
Introduction
The implicit premise of the Proposed Rule is that legitimate independent contracting is a poor substitute for being an employee. This is simply wrong. Use of independent contractors offers workers (as well as businesses) important advantages over employment status. It is a disservice to both businesses and to the...
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