The Confusing Nature of the Biden Plan for Independent Contractor Misclassification

The first reference to independent contractors in the Biden plan reflects the bipartisan position that the Biden administration should vigorously enforce existing laws against employers that intentionally misclassify employees as independent contractors. Yet later on in the proposal, the Biden plan specifically endorses the recent California law that establishes a new test for independent contractor status, which changed decades of settled law in that state.  That new standard is so challenging to meet that it instantly turned hundreds of thousands if not millions of legitimate freelancers and the companies that retained their services into law breakers. This engendered a backlash so loud that the sponsor of the new law felt compelled, almost immediately after the new law went into effect in California, to sponsor an amendment — which was eventually signed into law — that appeased some of those whose outrage with the new law was reported in the media and then became the subject of intense lobbying in Sacramento, California.  The Biden Plan also seems to disregard the views of one of the principal stakeholders: the freelancers themselves, who have registered their overwhelming support for retaining their independent contractor status in a number of government surveys and polls.  Finally, while the political landscape is taking shape, there are steps that prudent businesses using independent contractors may wish to undertake, as noted in the “takeaway” in the article below.

Read Original Message on JDSupra.com

Hot this week

Incoming Trump Team Influences Huge Slash In Mega-Pork Bill

This may come as a shock to you, but the government has shut down over 20 times in the last few decades, and... that's right, nobody noticed.

IRS Sending $2.4 Billion in Payments to 1 Million Taxpayers Who Missed Out on Stimulus Checks

$2.4 billion worth of automatic payments will be sent out in Dec by the IRS to taxpayers eligible for a pandemic-era tax break but didn’t claim the COVID cash.
00:00:24

Kari Lake Shares Her Vision for Voice of America

Kari Lake described how she intends to reshape Voice of America, committing to unbiased, editorially independent coverage while reiterating her loyalty to Trump.

Elon Musk Says He Plans to Fund Moderate Democratic Primary Challengers

Elon Musk to fund moderate challengers in Democratic primary races, responding to Democrat lawmaker saying Musk has outsized influence on American politics.

US Military Bases, Sensitive Sites Targeted by Drones for Years

US military bases are sensitive sites targeted by adversarial drones, most likely coming from the People’s Republic of China,’ Rep. Michael McCaul said.

Topics

Incoming Trump Team Influences Huge Slash In Mega-Pork Bill

This may come as a shock to you, but the government has shut down over 20 times in the last few decades, and... that's right, nobody noticed.

IRS Sending $2.4 Billion in Payments to 1 Million Taxpayers Who Missed Out on Stimulus Checks

$2.4 billion worth of automatic payments will be sent out in Dec by the IRS to taxpayers eligible for a pandemic-era tax break but didn’t claim the COVID cash.
00:00:24

Kari Lake Shares Her Vision for Voice of America

Kari Lake described how she intends to reshape Voice of America, committing to unbiased, editorially independent coverage while reiterating her loyalty to Trump.

Elon Musk Says He Plans to Fund Moderate Democratic Primary Challengers

Elon Musk to fund moderate challengers in Democratic primary races, responding to Democrat lawmaker saying Musk has outsized influence on American politics.

US Military Bases, Sensitive Sites Targeted by Drones for Years

US military bases are sensitive sites targeted by adversarial drones, most likely coming from the People’s Republic of China,’ Rep. Michael McCaul said.
00:01:31

Pandemic 2.0 Unleashed? California Declares State of Emergency Amid Bird Flu Propaganda Blitz

A couple of weeks ago Dr. Peter Hotez forecasted “big picture stuff coming down the pike starting on January 21st” the day Donald Trump assumes office.
00:03:13

Saving Sgt. Penny

Daniel Penny joined dignitaries at the Army-Navy football game invited by J.D. Vance.  If it was up to the left, Penny would be in jail for the rest of his life.
00:02:39

White House Signals Support for House-Passed Funding Bill

Biden won't stand in way of funding government until mid-March. Included is $110 billion for disaster relief, $30 billion in farm aid, and year extension to farm bill.
spot_img

Related Articles

Popular Categories

spot_imgspot_img