From Forbes, Zenger News reviews the history leading up to the United States Department of Labor’s (DOL) proposed rule and what might happen if the Trump administration pushes the rule through before Joe Biden is inaugurated. Zenger News writes:
If the DOL pushes the rule through before January 20 and sets it to take effect within 30 days, its future would depend in part on Georgia’s U.S. Senate runoff elections. A pair of wins could give Democrats a 50-50 split in the upper chamber of Congress, with ties broken by incoming vice president Kamala D. Harris. In concert with a Democratic-run House of Representatives, that could invalidate the rule.
Even with a Republican Senate majority, the DOL in a Biden administration could reconsider and replace the rule, although that would take longer. And there’s always a chance of more lawsuits.
“You can bet the state attorneys general that sued in the Scalia case will do that again and Biden will undertake a process of new regulation,” McKnew said.
The political tennis match will give workers whiplash. Some companies want to treat genuine employees as contractors against their will. Some workers are happy as contractors running their own businesses even though unions want them to be someone else’s employees. This either-or framing leaves many contractors in limbo, according to freelance writer and editor Kim Kavin, who has been active in promoting independent contractor interests.
“The biggest lesson we have learned this past year is no one is actually listening to those of use earning our living as independent contractors,” said Kavin. “You have the Democrats lined up with the unions and the Republicans on the side of the corporations.”
Some analysts say a double-digit percentage of the workforce is acting as independent contractors, whether full-time for their complete income or on the side to supplement their pay. Unless both sides of the battle can figure out an equitable solution, that’s a lot of voters who could become irate in time for the next election cycle.