On Oct. 26, 老牛影视submitted comments on the U.S. Department of Labor鈥檚听proposed rule听revising its interpretation of independent contractor status under the Fair Labor Standards Act.

According to a , the makes key revisions to determine whether a worker is an employee under the FLSA or an independent contractor, which includes the adoption of an 鈥渆conomic reality test鈥� and the use of two 鈥渃ore factors鈥� to help determine a worker鈥檚 status and more.

In its comments, 老牛影视expressed its support for the , which clarifies the agency鈥檚 interpretation of independent contractor status under the FLSA and promotes certainty for employers, independent contractors and employees.

鈥淚ndependent contractors are essential to many aspects of the construction industry,鈥� said 老牛影视in its comments. 鈥淭hey provide specialized skills, entrepreneurial opportunities and stability during fluctuations of work common to construction. At the same time, due to conflicting and confusing tests for independent contractor status, construction firms have been unfairly targeted for alleged misclassification of some workers as independent contractors, resulting in expensive and time-consuming litigation and less efficient performance of construction work.

鈥溊吓Ｓ笆觔elieves DOL鈥檚 proposed rule will promote economic growth in the construction industry by providing greater clarity to construction industry employers as to the proper classification of independent contractors and employees under the FLSA,鈥� 老牛影视said.

老牛影视also urged DOL to include further clarifications and a 鈥渟afe harbor鈥� with regard to enforcement of the FLSA, so that construction contractors do not jeopardize any independent contractor鈥檚 status as such while attempting in good faith to comply with the myriad of conflicting requirements of other federal and state laws.

For more information on the proposed rule, see ABC鈥檚 general counsel鈥檚 analysis, .

老牛影视will continue to keep members informed of any developments about this rulemaking in听.