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And “[w]hile income to the boners depended upon the effectivity of their work, it was more like piecework than an enterprise that actually depended for success upon the initiative, judgment or foresight of the everyday independent contractor.” Id. If at present unemployed employees or people who’re out of the labor market become independent contractors as a result of this rule, their earnings will improve as they at present have no employment-associated earnings other than probably unemployment benefits. The impression on earnings is extra ambiguous if employees’ classifications change to independent contractors. In concept, corporations would likely should pay more per hour to independent contractors than to workers as a result of impartial contractors typically do not receive employer-offered advantages and have higher tax liabilities. Data show an hourly wage premium for independent contractors when evaluating unconditional means.
The Department believes such dilution generates confusion relating to the relevance and weight of the employee’s skill within the analysis of economic dependence. It additionally blurs the lines between the economic actuality components, thereby undermining the structural benefits of a multifactor test.
This overlap results in exclusivity being analyzed twice in many circumstances, as soon as as a part of the management issue …