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Capitol Correspondence - 10.27.20

ANCOR Submits Comments on DOL Independent Contractor Rule

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ANCOR submitted comments on a new proposed rule from the Department of Labor (DOL) regarding how to classify independent contractors, because some of our members rely on contractors as they deliver supports for people with disabilities. Our comments focused on the need to clarify the definition of shared living in the proposed rule. Additionally, our comments flag our concern that “if finalized, the proposed rule “would contain the Department’s sole and authoritative interpretation of independent contractor status under the FLSA.” This statement could be interpreted to mean that the proposed rule, if finalized, would render obsolete the Department’s specific guidance on the application of the FLSA to shared living in Fact Sheet # 79G and Administrator’s Interpretation No. 2014-1. ANCOR requests that the Department make clear that such guidance, as clarified per the above comments, would continue to be the view of the Department with respect to shared living.”

DOL will next need to review public comment to decide whether to revise its proposal. Following that, the proposal will still need to undergo review by the White House’s Office of Management and Budget (who can hold listening sessions on the issue) before final publication. ANCOR will keep our members informed as this process unfolds.