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: