In the Headlines
October 17, 2022

Punching In: DOL Gig Worker Plan Echoes California ‘ABC’ Test

Bloomberg Law
 Labor, Employment and Benefits attorney Timothy Taylor spoke with Bloomberg Law about the U.S. Department of Labor's (DOL) new proposed worker classification test, which will be used to determine whether workers should be classified as employees afforded protections under the Fair Labor Standards Act (FLSA) or independent contractors not covered by the law. This proposal parallels California's "ABC" test, which presumes workers are employees instead of independent contractors. Mr. Taylor draws key distinctions between the Biden Administration's proposal and the "ABC" test. 
"[Biden's proposed factor doesn't have] quite the weight that the B does in ABC," he said. "They're both asking that question: Is this one of the principal things that the business does and is the worker involved in that? But unlike the ABC test, the integral piece is only one factor considered in DOL's proposed test, so even if it weighs in the other direction, it is not necessarily dispositive of independent contractor status."

READ: Punching In: DOL Gig Worker Plan Echoes California ‘ABC’ Test (subscription required)

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