On Dec. 13, ABC submitted comments opposing the U.S. Department of Labor’s independent contractor proposed rule, which eliminates the ABC-supported 2021 final rule’s emphasis on two “core” factors—a worker’s control over their work and their opportunity for profit or loss, both of which are paramount in making an independent contractor determination. Instead, the department’s approach is to restore a “totality-of-the circumstances” analysis of the “economic reality test.”
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ABC Opposes DOL’s Independent Contractor Proposed Rule
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