Comment from Clyde Clardy

The task of writing a rule to clearly identify and distinguish independent contractors from employees is a lofty goal that has many pitfalls and I see as problematic in, not only theory, but in practice as with most regulations.

Regulations appear, on the surface, to be a very solid way to communicate a standard or an intention in a certain circumstance. However, therein lies the problem, this subject matter, as in most, is a very complex one taking into account it will affect almost every person, business, trade or enterprises that currently exists and that may come into existence in the future.

The regulation / rule written in 1938 is vague and non-descript maybe for a purpose. The realization in the 1938 rule makers may have never envisioned our current economy with its gig workers, transient workers, temporary workers, work sharing workers, immigrant workers, migrant workers and all other types work situations. Just as we here in 2020 may be shortsighted in our view of the future of work in this country.

Ours is a country of independent peoples, living in freedom, under a common law, guided by our constitution and declaration of independence which, in part, allows for the life, liberty and pursuit of happiness which all equates to freedom. With freedom comes responsibility! That is, at its core, personal responsibility. Responsibility to act in good faith, responsibility of knowing the law, responsibility of making intelligent decisions, responsibility for providing for ourselves and those that we have taken on to provide for, etc. or face the natural consequences of not acting responsibly. In this elementary fact of operation of our country you may find the solution to this issue. I believe, I have.

Everyone should have the right to accept, without government interference, the terms of their own work situation as they believe that best suits their needs at any given time.

Simply put, if an individual chooses to work as either an independent contractor or as an employee for a compensation agreed upon in advance and or from time to time in writing, the government should honor that agreement and not try to enforce extraneous rules upon either party to that agreement, therefore allowing the individual to the rights granted to them under the constitution.

Comment ID: WHD-2020-0007-0109 | 15-Oct-20

Categorized under Independence

Read the whole comment on Regulations.gov