New Trump administration rule could make it harder for gig and contract workers to have rights as employees

Tuesday, September 22, 2020
By Eli Rosenberg, The Washington Post

The Department of Labor released a rule proposal on Tuesday that could make it more difficult for those engaged with contract work to be classified as employees, in what labor advocates described as a potential blow to protections for workers.

Labor advocates say the proposal would raise the threshold for contract workers, which includes gig workers, to be considered employees, a category that comes with significantly more protections. The proposed rule is the first of a multistep process with potential consequences for millions of workers.

Under the proposal, the Department of Labor — which has the power to investigate worker complaints about misclassification — said it would adopt a few guidelines to test whether workers should be considered employees or contractors.

This test would assess whether a worker is truly in business for themselves, like a contractor, or whether they are economically dependent on their employer, as an employee. It would also examine the degree of control a worker has over their work, and whether their earnings came from their initiative or investment.

Read the full story from The Washington Post

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