Comment from Diane Gunn

This is full support of the Proposed Rule for Independent Contractor status with the FLSA.
I have been an independent contractor and/or have had a “side hustle” for almost 30 years. I have been a professional translator for over 10 years; working exclusively online, from home.
It is common knowledge that California AB5 has “outlawed” independent contracting with audits and harsh penalties. The current propaganda about this new Rule (RIN1235-AA34) is alarming. Among other things, it is being said that the Rule will bring back child labor and “cheat” workers out of overtime (which is never guaranteed in any W2 situation).
I was very happy to see this proposed rule and read it carefully. I am completely in favor of the criteria for IC status, as it does simplify some of the more sensible points in the IRS test and the California Borello test (1989).
My profession in particular is not conducive to W2 employment. I work purely by the project, and have several hiring entities at any given time. These agencies may be in different states or even different countries. Also in translation, you never know what size project you will get. Somewhat similar to app work, I may work for one entity for days or weeks, or three or four within one day. Having multiple clients is what keeps businesses like mine afloat.
I buy my own health insurance and do not want that to be dependent on a single employer. Millions of people have employer insurance and lost it or were converted to COBRA during this pandemic. The supposed “security/protections” of employer insurance is anything but security.
I use all my own equipment, internet and subscriptions, and take federal deductions every year. I do not want to lose that privilege as a W2 employee, if indeed much of that employment exists lately, which also pays far less.
I am not an “exploited worker” by any means and am “not misclassified” under any law or rule, including the draconian AB5. Without AB5, people in my profession would have been working from home throughout the pandemic.
I fully agree with the Proposed Rule’s commentary on AB5. That it is too restrictive and disruptive to business is really an understatement. It has destroyed almost 4 million lives, and we fear that the PRO Act would destroy one third of the US workforce.
Thank you for a sane and sensible alternative. For all the reasons above, I wholeheartedly support it being passed.

Comment ID: WHD-2020-0007-0110 | 15-Oct-20

Categorized under Independence

Read the whole comment on Regulations.gov