The Dept. of Labor is hosting an open forum event for employers and workers alike to get comments before adopting the ABC Test. Everyone involved in Final-Mile Deliveries will be impacted. Let your voice be heard. Participation in the forum will take place on the following dates:
How did we get to this point?
- January 7, 2021 – The Trump-era DOL sought to clarify the Economics Test that was used to assess whether an individual was an independent contractor under the Fair Labor Standards Act (FLSA).
- March 9th, 2021 – President Biden Officially endorses the union-backed PRO act, that includes adopting the restrictive ABC test into Federal Law. This bill lacks senate support so the administration looks for a DOL rule.
- May 6th, 2021 – At Biden’s behest the DOL withdraws the Trump-era clarification under the premise it was inconsistent with the Fair Labor Standards Act’s text and purpose.
- March 14, 2022 – A Court challenge to the withdrawal is started and the Texas district court holds the DOL failed to properly withdraw the Trump-era rule and concludes the Trump-era rule is still in effect.
- June 3rd, 2022 – The Biden DOL still want the the ABC test used instead of the Economics test and embarks on a new rulemaking path that requires public comment. Mid-June the DOL announced two public forums to hear perspectives from those who will be affected as part of the process.
Why should I care?
In 2021, the current administration allocated $7.5 Billion dollars to the DOL, with $276 million being earmarked for the wage and hour division to fight misclassification – a $30 million increase over the previous year.
With implementation of the ABC test there will not be any way an individual performing delivery work will ever be classified as an independent contractor.
Join us and fight back with your voice! Let’s show them that they can no longer continue to placate only union interests over all the people who want to remain independent contractors. Everyone needs to say how this will negatively impact their business and the individual independent contractors.