Comment from Allen Genetti

As a Certified Public Accountant (Im also an independent contractor and an employee) practicing in California, I have the privilege to work with many Independent Contractors (ICs) all over the country. I find it essential that the adoption of a national definition of an IC will allow businesses clarity on the characteristics of a bona fide IC.

This proposal will prevent needless, expensive, and time consuming litigation. A national definition needs to take precedent over patch-work state laws. This will allow fair competition among all IC businesses. Many ICs operate across state lines and compete with one another. For example, if a state like California (which has the poorly written and controversial AB5 with its hodgepodge of over 100 post amendments and exemptions) has more strict employment laws than other states, how is a business based in California supposed to compete with businesses that are based in other states?

I support the projected regulatory change and feel it will allow the ICs the freedom to choose their occupation and the flexibility to choose the conditions and lifestyle that fit their individual needs, wants and desires. They are the ones that choose to be ICs and no one should be able to take that right from them. Some of the largest businesses today started out as ICs. That is the American dream and it needs to be revered, celebrated and preserved.

The current proposal which puts most weight on control and profit loss factors is a step in the right direction. Success or failure, profit or loss is the determining test of any successful business person. I do not feel permanency should be factored into the proposal. If an IC is profitable and solely contracted with one customer, why should they be penalized into possibly being classified as an employee? Profitability is what is driving the business relationship. Dont penalize the IC for this just because they have one customer. If the IC is not profitable they will either increase their fares for service or discontinue the business relationship. Its up to the IC to make the business decision that is best for their business.

Ultimately, it is up to the individual to choose whether they want to earn a living as an IC or as an employee. In this great FREE country it is all about choices in life. If an individual wants to live the American dream and be an IC, start a business and control their own destiny, no federal or state law should prevent this. Only when poorly written and vague laws are passed do you kill the spirit of entrepreneurship and induce frivolous litigation.

Freedom for all!!!

Comment ID: WHD-2020-0007-0090 | 14-Oct-20

Categorized under Independence

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