Comment from Eve Bruce

Please do not use the ABC test to determine whether or not a worker is an independent contractor. The IRS definition of independent contractor is far more useful and relevant for the modern workforce.

For example, as a TV editor, I subcontract with production companies whose course of business IS similar to my own. According to the B part of the ABC test, this is not allowed. Production companies, who almost always have employees as well, hire freelancers when they have too many projects to handle in house. As a person who chooses self-employment and does not want to be an employee, this is a mutually beneficial arrangement as the production company does not have enough work to sustain another employee and I do not want to be an employee. By working with multiple production companies in this manner, I’m able to be self-employed and make more than I did when I used to be an employee.

Self-employment is necessity for those of us who have health problems or are care-givers and are unable to work traditional W2 jobs where scheduling is not self-determined. The ABC test dates back to when men punched a factory clock in the 1930s, and if it’s codified, will destroy the livelihoods of many women, working parents, and people with disabilities and health issues who need the self-employment model to survive.

Comment ID: WHD-2020-0007-0176 | 20-Oct-20

Categorized under Independence

Read the whole comment on Regulations.gov