The “totality-of-the-circumstances” analysis proposed in the new rule sets an unclear standard that will wrongfully reclassify independent contractors. The Proposed Rule will replace the 2021 IC Rule before it has ever had a chance to operate. The 2021 IC Rule established two core factors and three less probative noncore factors for classifying employees, providing a clear standard of expectations for businesses to rely on.
Vague standards allow for arbitrary rulings, and indiscriminate enforcement, and makes business planning uncertain. Have your voice be heard.
All comments in opposition to this Proposed Rule must be submitted to the Federal Register by December 13, at 11:59 pm at https://www.regulations.gov/document/WHD-2022-0003-0001.
