Comment from Pacific Legal Foundation American Society of Journalists and Authors National Press Photographers Association

As explained in the attached comments, by continuing a flexible test based on economic reality, the rule avoids problems created by a rigid one-size-fits-all approach to independent contracting that has wreaked havoc on independent businesspeople in places like California. That states adoption of the so-called ABC test in January 2020 has led to numerous lawsuits by independent contractors seeking to protect their right to work. PLF represents ASJA and NPPA in one such lawsuit, to vindicate the rights of independent freelance writers and visual journalists to operate in California. Unlike the ABC test, the flexible test in the proposed rule enhances economic freedom and protects entrepreneurship.

Comment ID: WHD-2020-0007-1672 | 26-Oct-20

Categorized under Independence

Read the whole comment on Regulations.gov