The Biden administration is taking steps to make it easier for a worker to be classified as an employee, not an independent contractor.
The first step was to revoke a Trump-administration rule that did the opposite– making it easier for a worker to be classified as an independent contractor. President Biden’s Dept. of Labor has proposed the so-called “ABC” test as the classification rule. As a recent National Law Review article said, under the ABC test, a worker is presumed to be an employee unless the employer can establish that the worker is free from the control and direction of the Employer. If the ABC test is adopted, business owners will have to look long and hard before calling a worker an independent contractor. TMF Law Offices will follow developments and keep you informed.