Unscrupulous employers who misclassify employees as independent contractors cut costs around labor , but prevent the worker from properly collecting minimum wage , benefits , overtime and medical or family leave that they may be owed , Looman said . In doing so , those employers harm not only the worker and their families , but other businesses that follow the rules .
Ben Brubeck , vice president of regulatory , labor and state affairs for Associated Builders and Contractors , vehemently opposed the rule change in a statement emailed to Construction Dive . In it , he said ABC would challenge the DOL if it undermined independent contractors .
“ We worry that this rule will go well beyond its ostensible mission of protecting workers and instead stifle the many entrepreneurial opportunities that have long existed in the construction industry ,” said Turmail .
The DOL will publish the official notice of rulemaking on Oct . 13 to help employers make the determination if workers are employees or independent contractors under the Fair Labor Standards Act . A 45- day comment period will open up after , so employers can give the DOL feedback on the change .
Brian Turmail , vice president of public affairs and strategic initiatives for Associated General Contractors of America , said the trade association is still analyzing the rule , which mirrors guidance from the Obama administration .
OCTOBER 2022 • DITCHMEN 11