by John Heveron

The US Department of Labor has proposed changing how workers get classified as employees or independent contractors again. 

Changes under the Trump administration made it easier for businesses and nonprofits to classify workers as independent contractors by focusing on just 2 key factors.  The DOL is proposing that several factors be analyzed to determine whether the worker is economically dependent upon the employer for work rather than being in business for themselves. 

Individual factors would not be given special weight, they would be considered as a whole.  Factors would include:

* the nature and degree of the workers control over their work,

* the relative investment of the worker and of the employer,

* the workers opportunity for profit or loss,

* the permanence of the working relationship between the worker and the employer,

* the degree of skill necessary to perform the work, and

* the extent to which a worker’s duties are an integral part of the employer’s business.

Independent Contractor V. Employee Guidance yet Again

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