VIEWPOINT [ INSIGHT ]
by John Kellenberger General Counsel, Keystone Lines jkellenberger@tcservices.biz | 917-647-2836
The Independent Contractors Rule Raises More Questions than Answers
Employee or independent contractor? The answer to that question under the Fair Labor Standards Act (FLSA) relies in great part on the Department of Labor rule on evaluating the relationship. That rule changes yet again on March 11, 2024.
There is an inherent balancing act between safeguarding workers’ rights, respecting an individual’s freedom to choose their own economic path, and finding a balance that promotes marketplace efficiency. Policymakers, workers, businesses, and labor advocates must collaboratively address the challenges this ongoing debate poses. For independent contractors, freedom to choose one’s economic destiny, clarity in classification, and clear-cut labor protections are critical components of any solution. FINDING A RESOLUTION Although the Department of Labor has issued its final ruling, unanswered questions remain: How will the DoL interpret this rule? Will the courts let it stand? While we wait for these questions to be resolved, we must continue to advocate for a resolution of the independent contractor versus employee dilemma. It’s a resolution that requires thoughtful dialogue, legislative action, and perhaps a reevaluation of our employment paradigms. Compromise can be found, but the solution must be one that ensures the continued prosperity of our industry and supply chain business model. n
and receive a salary regardless of how the business performs. Each receives different benefits depending on how they choose to order their lives. The new rule potentially disrupts the ability of workers to choose which economic model to provide services under, as well as making employers revisit long-standing arrangements and consider whether the new classification rules alter the model that operated successfully for many years. RIPPLE EFFECTS The ripple effects of these changes will also impact logistics and the U.S. economy. The marketplace relies heavily on the flexibility and efficiency of independent contractors. Third-party logistics providers, brokers, and motor carriers depend significantly on these workers to meet the demands of their operations. The prospect of reclassifying these vital contributors as employees threatens to disrupt an already fragile marketplace and supply chain.
The change in this rule will likely have far-reaching effects on our supply chain and economy, and will create greater uncertainty amongst business owners and independent contractors as to how to structure their working arrangements to remain compliant while respecting their chosen arrangements. The FLSA is the federal law that governs crucial aspects of most employment relationships, including minimum wage and working conditions. The FLSA’s applicability turns on whether a worker is considered an employee or an independent contractor, and being able to structure the relationship with certainty is vital to the worker, employer, and the logistics sector as a whole. Those who decide to operate as an independent contractor make this choice to enjoy autonomy and flexibility. The relationship is typically characterized by freedom to set their own schedule and to generate/risk a profit or loss. Contrarily, employees typically work according to the employer’s schedule
26 Inbound Logistics • February 2024
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