Key Points
- The Biden administration has released a long-awaited proposal that could make it easier for millions of truckers, Uber drivers, freelance writers, home care workers, and janitors to be classified as employees rather than independent contractors — a shift that would grant them access to a host of federal labor protections.
- The Biden administration’s 184-page proposed rule would change how the federal agency determines who constitutes an employee or an independent contractor under the Fair Labor Standards Act, the 1938 law that determines eligibility for protections like minimum wage, overtime, Social Security, and unemployment insurance.
- If the rule is finalized, it will almost certainly be challenged in court.
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