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  1. #1
    Taking A Stand!!!

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    Default DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Empl

    The Trump Administration is on a roll! A roll to wipe out everything Obama accomplished for working people.
    On June 7, 2017, the United States Department of Labor (DOL) reversed its previous guidance issued during the administration of President Barack Obama that broadened the circumstances in which employers could be held liable for misclassification of employees as independent contractors, and as a joint employer with a separate business. New Secretary of Labor Alex Acosta announced that the DOL was withdrawing two letters: (1) a 2015 letter that encouraged scrutiny of employer-independent contractor relationship pursuant to the “economic realities test;” and (2) a separate 2016 letter that interpreted joint employment under the Fair Labor Standards Act (FLSA) with a separate entity as occurring, so long as both employers exercised “indirect” control over the worker. Although the letters were never legally binding, they served as a blueprint for how the DOL enforced federal laws and represented persuasive authority to courts.

    From July 2015 until June 2017, the DOL’s default position was that “most” workers are employees under the FLSA. The DOL also publicly used the “economic realities test” to determine whether work performed for an employer was done by an independent contractor or an employee. The “economic realities test” employed the following six factors: (1) the extent to which the work performed is an integral part of the employer’s business; (2) the worker’s opportunity for profit or loss depending on his or her managerial skill; (3) the extent of the relative investments of the employer and the worker; (4) whether the work performed requires special skills and initiative; (5) the permanency of the relationship; and (6) the degree of control exercised or retained by the employer.

    The net effect of the DOL’s use of the “economic realities test” was to greatly diminish the circumstances in which a worker was properly classified as an independent contractor. It is generally believed that the Obama administration employed that standard as a way to combat economic inequality, as the classification of a worker as an employee triggers many benefits for the worker, including minimum wage/overtime compensation, unemployment insurance, and workers’ compensation.
    DOL Announces Reversal of Employee/Independent Contractor Classification & Joint Employer Guidance - Lexology

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  3. #2
    Retired !

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    Retired - New Penn
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    Default Re: DOL Announces Reversal of Employee/Independent Contractor Classification & Joint

    Another nail in the heart of labor.

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  5. #3
    On A Mission

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    Default Re: DOL Announces Reversal of Employee/Independent Contractor Classification & Joint

    This is not gonna work. Personell groups, BS Independent contractor labels....this stuff is why nobody has benefits nor do they have pay to make a living......Time is running out on this nation. This stuff has been tried before and does nothing for the workers at all.......these scumbag businessmen, investors, bankers, and economists are gonna run us into the ground..........................banks are the only group who wins under this game. The business owners don't win. The employees certainly don't win...and even the customers don't win.

 

 

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