Top Dems Float Tightened Worker Classification Test

Law360 (September 24, 2020, 9:32 PM EDT) -- Leading Democrats floated a plan Thursday to tighten the federal test for classifying workers as independent contractors, days after the U.S. Department of Labor issued a rule making it easier for businesses to show workers are not their employees.

The Worker Flexibility and Small Business Protection Act would write a so-called ABC test into wage, labor relations and other laws that would require employers to prove each of three things to classify their workers as independent contractors, who do not enjoy most protections federal employment laws confer.

The nearly 400-page bill also includes provisions making it a legal violation to misclassify...

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