Yesterday the OMB’s Office of Information and Regulatory Affairs announced that it had received a notice of proposed rulemaking from the Department of Labor for “Employee or Independent Contractor Classification Under the Fair Labor Standards Act”. This rule was not covered in the Spring 2022 Unified Agenda, so there is no public information about the scope of the proposed rule.
Calling employees ‘independent contractors’ lets companies
avoid paying payroll taxes and a whole slew of benefits. The problem is coming
up with reasonable definitions and regulations to protect employees yet allow
for legitimate gig workers to ply their trade. I suspect that this rulemaking
may impact a number of folks in the cybersecurity arena, but we will have to
watch for the details to be sure.
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