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On 24 February 2021, the Department of Labor (DOL) closed its consultation on whether to delay the implementation date of the new independent contractor status rule until 7 May 2021. The consultation was open from 4 February 2021. The reasoning behind this delay is that the new rule is the first of its kind and would signify an important change in labour laws. As such, the DOL decides to delay it to consider the legal, policy, and enforcement implications of this new rule. Additionally, a 60-day delay for the rule implementation was adopted. The Department of Labor (DOL) had announced a new rule distinguishing between "employees" and "independent contractors". Previously, there had been regulatory confusion over this distinction. Determining who is considered an employee or an independent contractor was based on a variety of unofficial factors. This rule, according to the DOL, is a mere adoption of what the unofficial definition has been in courts and departments in the first place. Independent contractors are "workers who, as a matter of economic reality, are in business for themselves", whereas employees are dependent on their potential employer. Determining who is dependent and who is not can be set along five variables, the most important being the extent of the person's control over their work and the probability of obtaining profit or loss.
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