The Department of Labor (DOL) withdrew the “Independent Contractor Status Under the Fair Labor Standards Act” final rule in May 2021. 在回应, 美国注册bbin游戏网端入口力资源管理协会(SHRM)表示, “The DOL has traditionally analyzed a number of factors to consider whether a worker is an independent contractor or employee and looked at the ‘totality of circumstances.’ The withdrawn rules would have applied a more limited economic-reality test.”
根据 《注册bbin游戏网端入口》l, the rule would have made it more difficult for gig workers to be considered employees under federal law. The WSJ stated that the DOL was likely to continue to use its previous regulation to enforce the Fair Labor Standards Act (which was enacted in 1938) and that the agency’s withdrawal doesn’t change the classification of gig workers. The WSJ also quoted a DOL spokesperson as saying no new independent contractor rules are imminent.
The DOL stated that it “believes that the Rule is inconsistent with the FLSA’s text and purpose, and would have a confusing and disruptive effect on workers and businesses alike due to its departure from longstanding judicial precedent.”
Employers and workers should keep updated on future DOL action and court cases, 并接受专业注册bbin游戏网端入口士的指导. They should also be aware of any state laws that could affect independent contractors.
加州对独立承包商的定义尤其严格. A worker isn’t considered an independent contractor unless the hiring entity meets all the following conditions:
- The worker performs their work independently and without direction from the hiring entity, 根据已完成工作的合同和事实.
- The worker performs work outside of the usual scope of work of the hiring entity’s business.
- 工注册bbin游戏网端入口通常参与独立建立的行业, 占领, 或从事与其工作性质相同的业务.
根据美国注册bbin游戏网端入口力资源管理协会, 伊利诺斯州, 麻萨诸塞州, and New Jersey have similar strict tests regarding independent contractors. The organization also stated that the Biden administration favors eventually changing the federal rule to be more similar to California’s.
