Compass Spring 2023 | Page 19

MAXIM STUDIO / SHUTTERSTOCK . COM
MARK VAN SCYOC / SHUTTERSTOCK . COM those for checked or carry-on baggage , would need to be disclosed at all points of sale and through ticket agents . The rule would also make it easier for parents of small children to buy seats together . This proposal could be helpful to travel advisors , as they would have more information to share with passengers before booking .
ASTA is pushing the DOT to take a closer look at the language of both proposals so that the responsibility lies with carriers and not with travel advisors .
“ There are some elements that would be harmful — being forced to issue refunds to clients out of pocket while the airline holds the funds first among them ,” said Peck . “ Our goal as the national trade association for travel advisors is to convince the DOT to keep the good and ditch the bad before the final regulations come out , likely in the second half of the year .”
UPDATES TO LABOR RULES Last year ’ s Notice of Proposed Rulemaking to the Fair Labor Standards Act put pressure on companies to make sure that employee classifications were correct and that independent contractors weren ’ t being treated as employees without receiving the benefits of being one . Shortly thereafter , the DOL released its own proposed interpretive guideline design to set clear definitions of who is an employee and who is an independent contractor .
“ Given how many small businesses we have in our part of the industry , labor issues are always challenging ,” Peck said .
He adds that this proposal isn ’ t a game changer for travel advisors and would put definitions back to where they were under President Obama . Any effort to go further would likely face a hurdle in the Republican-controlled House of Representatives . Still , Peck notes it ’ s important to watch for other proposals in the future .
“ Beyond independent contractors , we are expecting a DOL proposal to expand the pool of employees entitled to overtime pay in the coming months and , at the state level , we are watching for state proposals like we saw in California in 2019 to make it almost impossible for agencies to engage independent contractors ,” said Peck .
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