The U.S. Department of Labor (DOL) recently proposed a rule that would narrow the definition of “employee” in a way that would reduce the number of workers who benefit from the minimum wage, overtime, anti-discrimination protections, and lactation accommodations of the Fair Labor Standards Act (FLSA).
The Proposed Rule narrows the definition of “employee” in a way that will increase the number of workers classified as independent contractors, which will inappropriately deprive these workers of FLSA protections necessary to their financial stability.
WLP submitted a formal comment outlining our opposition to the Proposed Rule, which you can read here.
From our comment:
It is particularly alarming to see the DOL pursue a strategy that will harm workers at this time. Workers have been succeeding in misclassification claims and the proposed rules will hurt that progress. At the same time, the impact of the pandemic on workers, particularly low-wage workers, women, and people of color, has been devastating to their finances and their health. The impact of this rule on already financially hurting workers could not come at a worse time.
By inappropriately narrowing the definition of employee, the Proposed Rule will shrink the number of workers who can benefit from the Equal Pay Act, which is an integral part of the FLSA.
This change will also inappropriately deprive some workers of the ability to find relief in some federal, state, and local anti-discrimination laws that exclude independent contractors, such as Title VII of the Civil Rights Act of 1963, the Americans with Disabilities Act, the Age Discrimination in Employment Act as well as rights accorded under the National Labor Relations Act, the Occupational Safety and Health Act, and the Family and Medical Leave Act.
Worse, the Proposed Rule will allow employers to openly discriminate against workers labeled as independent contractors because of their sex, religion, or disability without fear of accountability.
Workplace discrimination is generally more likely to affect women – specifically women of color. In a 2017 study, 53 percent of African American women, 40% of Latina women, and 40% of white women reported experiencing discrimination at work, compared to 22% of men.
The Proposed Rule also deprives certain employees of access to lactation accommodations, which harms public health.
The Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond.
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