Comments on US Dept of Labor Worker Classification Proposed Rule for FLSA Purposes

Abstract

These comments were written in our individual capacities to support the Department of Labor’s proposal to rescind the 2021 rule that improperly narrowed the definition of workers covered under the Fair Labor Standards Act (“FLSA”) and to reinstate the economic realities test. The currently proposed rule is a meaningful improvement, as it will provide workers and hiring entities with the guidance to which they are accustomed regarding worker classification. But it is not without its limits and should be a temporary solution.

Our comments were publicly submitted electronically with the US Dept of Labor on Dec. 12, 2022.

Keywords: Worker Classification, Gig Work, Platform Work, Independent Contractor, ABC Test, AB5