Thread by @thekimkavin

1/25 Dear @RepTeresaLF,

You stated at today’s hearing with Julie Su that the @USDOL’s proposed new independent contractor rule is “so reasonable that hardly anyone had much criticism about it.”

Minute 3:11:55 ⬇️

2/25 There were two public hearings about this proposed rule. Both were overwhelmingly dominated by independent contractors begging the government to stop attacking our chosen careers.

I’d add a link, but @USDOL wanted no evidence of this public outrage, so made no recordings.

3/25 So many independent contractors begged the U.S. Small Business Administration Office of Advocacy for help in stopping @USDOL’s rule change that the SBA office came out against the proposal.

It used the word “deficient.”

advocacy.sba.gov/wp-content/upl…

4/25 U.S. Chamber of Commerce:

“The bias … makes the risk that independent contractors would be misclassified as employees especially acute, with potentially dramatic consequences for entire industries.”

uschamber.com/workforce/inde…

5/25 Financial Services Institute:

“The test would be independently unlawful, unpredictable and inappropriately slanted toward employee classification.”

financialservices.org/fsi-submits-co…

6/25 Americans for Tax Reform:

“If implemented, the proposed rule has the potential to cause broad disruptions to the labor market and force Americans out of work.”

atr.org/atr-submits-co…

7/25 Small Business and Entrepreneurship Council:

“SBE Council strongly opposes DOL’s proposed changes to the current independent contractor … rule, as it will upend flexibility, financial security and success for millions of self-employed Americans.”

sbecouncil.org/2022/12/13/sbe…

8/25 News/Media Alliance

“Limitations on N/MA’s members’ use of such content by narrowing independent contractor opportunities will … damage independent workers’ livelihoods and the products and services provided by N/MA’s members to consumers.”

newsmediaalliance.org/wp-content/upl…

9/25 Securities Industry Financial Markets Association:

“… it could have an inadvertent adverse impact on financial advisors who are currently properly classified as independent contractors.”

sifma.org/wp-content/upl…

10/25 National Retail Federation:

“It is improperly skewed toward a finding of employment status, even when a worker is a bona fide independent contractor engaged in a business-to-business relationship based on economic reality.”

…ff1881e7f0cef284e.r22.cf1.rackcdn.com/*2022%20Hill%2…

11/25 National Association of Insurance and Financial Advisers:

“NAIFA believes the proposed DOL rule, as it currently stands, would misclassify many independent insurance agents and brokers as employees.”

advocacy.naifa.org/news/naifa-ask…

12/25 Food Industry Association:

“Proceeding with the proposed rule will lead to confusion and uncertainty for all stakeholders, and lead to unnecessary negative impacts on our already fragile economy.”

fmi.org/docs/default-s…

13/25 Institute for the American Worker:

“DOL’s Proposed Rule, far from giving workers security, takes away their security in knowing that they can continue to work in a job they like, be their own boss, and maintain the flexibility their family needs.”

i4aw.org/wp-content/upl…

14/25 Thomas Jefferson Institute for Public Policy:

"The proposal … could cripple a significant portion of the 632,995 Virginia businesses with no employees, many of which serve as independent contractors to other businesses.”

regulations.gov/comment/WHD-20…

15/25 Independent Women's Forum:

"The chilling effect of the proposed rule will thus undermine not only
individuals’ economic freedom but also the spirit of entrepreneurship in America generally."

iwf.org/wp-content/upl…

16/25 Independent Electrical Contractors:

"For most of IEC’s electrical contractors, this is just not practical or feasible and for some, could significantly impact their ability to continue operating altogether."

regulations.gov/comment/WHD-20…

17/25 Association of Women's Business Centers:

The rule change “would result in an onslaught of 1099 workers to become forcefully classified as W2s, resulting in potential layoffs, increased prices, or even business closures for women-owned businesses."

regulations.gov/comment/WHD-20…

18/25 Strategic Services on Unemployment and Workers’ Compensation

"The proposed rulemaking indicates that it is not intended to disrupt the businesses of independent contractors who are…in business for themselves, but that is exactly what it would do."

regulations.gov/comment/WHD-20…

19/25 Alabama Trucking Association:

"We write to call to your attention the chaos the rule will create for our members and the independent owner-operators they contract with in our state."

regulations.gov/comment/WHD-20…

20/25 Florida Trucking Association:

"In fact, the proposal will only benefit trial lawyers litigating this issue in court by blurring the lines so badly that virtually every case has to go to trial."

regulations.gov/comment/WHD-20…

21/25 International Franchise Association:

“IFA has strongly opposed efforts to enact independent contractor tests that rob franchise owners of their investments by effectively demoting them to employees of their brand.”

franchise.org/media-center/p…

22/25 American Association of Nurse Anesthesiology:

"We are concerned that the six-factor test could be applied too stringently and may wrongly preclude CRNAs from choosing to work as independent contractors"

regulations.gov/comment/WHD-20…

23/25 California Association of Realtors:

"This proposal as is would seriously disrupt the current and historical choices of the real estate industry that have been in place for at least fifty years."

regulations.gov/comment/WHD-20…

24/25 Thousands more public comments were filed in opposition to the proposed @USDOL rule change, but I think you take my point.

Study after study shows 70-85% of independent contractors wish to remain self-employed.

fightforfreelancersusa.com/data-and-studi…

25/25 We all agree, @RepTeresaLF, that misclassification is wrong.

What we need is for lawmakers like you and nominees like #JulieSu to stop smiling for the camera and lying through your teeth while you try to misclassify us.

#FightForFreelancers