Businesses Cry Foul on DOL Messaging for Trump Gig Worker Rule

Republicans and management-side attorneys are alleging the US Department of Labor is ignoring a Trump-era independent contractor standard that’s more favorable to businesses, despite a court saying the rule takes precedence.

The DOL’s Wage and Hour subagency’s website describes how it approaches worker misclassification, but some say that language doesn’t make clear that the agency’s current regulations say businesses should use a five-factor test to determine who is an employee protected under federal wage laws.

The DOL’s website does link to a federal register notice of the Trump rule, but provides guidance and graphics that outline a seven-part test ...