Good day! Please excuse cross-postings:
Many library boards and management have questions when it comes to independent contractors (1099 contractors) versus employees (W-2). Please see the below update from the Department of Labor regarding a public comment period around independent contractor status and the Fair Labor Standards Act.
Proposed Rule: Employee or Independent Contractor Classification
Today, the U.S. Department of Labor announced the publication of a notice of proposed rulemaking (NPRM), Employee or Independent Contractor Classification Under the Fair Labor Standards Act<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMTEuNjQ5NTQ2ODEiLCJ1cmwiOiJodHRwczovL3d3dy5kb2wuZ292L2FnZW5jaWVzL3doZC9mbHNhL21pc2NsYXNzaWZpY2F0aW9uL3J1bGVtYWtpbmcifQ.Ldaug8BqVoGPmQ7_Qo2llQofEx_5bos0_skLbmXSngI/s/1490656974/br/145552956277-l> in the Federal Register.
Publication of the NPRM in the Federal Register starts the comment period that remains open for 45 days and closes on November 28, 2022. All comments submitted (including duplicate comments) become a matter of public record and will be posted without change to www.regulations.gov<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDMsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMTEuNjQ5NTQ2ODEiLCJ1cmwiOiJodHRwOi8vd3d3LnJlZ3VsYXRpb25zLmdvdiJ9.gYjrFN_gtv3kAIy-T_EoRT0yrDpI-LsFymgDedBtgRE/s/1490656974/br/145552956277-l>, including any personal information provided.
LEARN MORE.<https://www.dol.gov/agencies/whd/flsa/misclassification/rulemaking>
This NPRM, Employee or Independent Contractor Classification Under the Fair Labor Standards Act, would:
* Align the Department's approach with courts' interpretation of the FLSA and application of the economic reality test;
* Restore the longstanding multifactor, totality-of-the-circumstances analysis to determine whether a worker is an employee or an independent contractor under the FLSA;
* Ensure that all factors are analyzed without assigning any predetermined weight to any particular factor or set of facts;
* Return to the longstanding interpretation of the factors, including the investment factor, control factor, profit or loss factor, and the integral factor, which considers whether the work is integral to the employer's business; and
* Rescind the 2021 Independent Contractor Rule.
The Department invites comments from the public on the proposed rule. All comments must be received by 11:59 p.m. ET on November 28, 2022, to be considered in this rulemaking. Comments received after the comment period closes will not be considered. Comments and data may be submitted online or by mail.
Address written submissions to: Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W., Washington, DC 20210.
For more information on the Notice of Proposed Rulemaking, Employee or Independent Contractor Classification Under the Fair Labor Standards Act, contact the Wage and Hour Division<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDYsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMTEuNjQ5NTQ2ODEiLCJ1cmwiOiJodHRwOi8vd3d3LmRvbC5nb3YvYWdlbmNpZXMvd2hkIn0.PzNrbSH5XnHlqyT34cCKTlN24EWV9-M6ZtfaE7nrzdA/s/1490656974/br/145552956277-l> or call toll-free 1-866-4US-WAGE.
Lisa M. Shaw
(Pronouns: she/her)
Maine State Library - Library Development
Rural & Small Libraries/Workforce Development Specialist
64 State House Station
Augusta ME 04333-0064
(207) 747-8717 (mobile)
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https://www.maine.gov/msl/libs/index.shtml
http://www.linkedin.com/in/lisanealshaw/
https://www.ala.org/pla/initiatives/workforce
Current Reads: Music, The Brain, and Ecstasy [Robert Jourdain]; The Turn of the Key [Ruth Ware]
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[Jim Dator]
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