The Biden administration’s proposal could classify gig workers as employees

The US Department of Labor has proposed a new regulation that could make it harder for companies like Uber and Lyft to classify gig workers as independent contractors. Under the proposed rule, gig workers could gain new benefits and protections, including minimum wage and overtime.

To determine whether a worker should be classified as an employee or independent contractor, the DOL now says it will use the “department’s approach with courts’ FLSA interpretation and the economic reality test,” which considers how long an individual has worked for an agency, their role at the company, and “opportunities for profit and loss,” among other factors.

“While independent contractors have an important role in our economy, we have seen in many cases that employers misclassify their employees as independent contractors, particularly among our nation’s most vulnerable workers,” Secretary of Labor Marty Walsh said in a statement. “Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages.”

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