1 min read

Season 5, Episode 50

DOL issues new final rule on worker misclassification

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Guest Name:

Andrew Strom

Guest Website:

https://onlabor.org/ 

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Andrew Strom, contributing writer to the On-Labor Blog, appeared on the America’s Work Force Union Podcast and spoke about the new U.S. Department of Labor final rule on worker misclassification and the need for the courts to favorably rule on OSHA regulations to protect independent contractors.

Strom talked about the final rule set to go into effect by the DOL on worker misclassification. He explained that this occurred because the DOL under then-President Donald Trump changed its final rule on worker misclassification to benefit businesses, not the workers. Furthermore, Trump appointed anti-worker judges, who remain on the bench at the different federal court levels and interpreted the law differently than judges appointed by Democrat presidents. Strom said the Trump DOL essentially reversed a set of long-standing tests to determine if a worker was an independent contractor or employee and the Biden DOL is now restoring the former rule, with some slight changes. 

He explained how some of the tests to determine if a worker is an independent contractor differ from those before the Trump final rule. Stron reviewed the six new tests and gave examples of how they could be applied. 

Strom also discussed the need for OSHA to implement regulations to protect independent contractors. Currently, the DOL is in federal court fighting a legal battle on how to interpret the OSHA regulations. A favorable ruling will help independent contractors work safer and receive fair wages.  

Listen to the entire episode to hear more about these topics: 


America’s Work Force is the only daily labor podcast in the US and has been on the air since 1993, supplying listeners with useful, relevant input into their daily lives through fact-finding features, in-depth interviews, informative news segments and practical consumer reports. America’s Work Force is committed to providing an accessible venue in which America's workers and their families can hear discussion on important, relevant topics such as employment, healthcare, legislative action, labor-management relations, corporate practices, finances, local and national politics, consumer reports and labor issues.

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