Comment from The Workplace Policy Institute

The choice to be an employee, though, comes with costs: the loss of autonomy, flexibility and control that freelancers and independent contractors enjoy. As the Department has recognized, the ability to control one’s work (together with earning profits and risking losses) “strikes at the core of what it means to be an entrepreneurial independent contractor, as opposed to a ‘wage earning’ employee.” Unlike employment, independent contracting provides individuals the opportunity to structure their working arrangements around family, caregiving, class schedules, medical appointments, and other personal circumstances. Employers tell employees when to come to work, what work to do, and how to perform their work. Independent contractors can work when they want, where they want, and how they want. Employers tell employees when they can eat lunch. Independent contractors eat lunch at their leisure. Employees must obtain permission from their employer to take vacation. Independent contractors just go. An employee who does not come to work will be fired. If an independent contractor takes time off it may negatively affect earnings but not the ability to work.

Comment ID: WHD-2020-0007-1445 | 10/24/2020

Categorized under Flexibility, Independence

Read the whole comment on Regulations.gov