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On 12 April 2021, the Department of Labor (DOL) closed a consultation on whether to withdraw the new independent contractor status rule. The consultation was open from 12 March 2021. 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, with the most important being the extent of the person's control over their work and the person's probability of obtaining profit or loss.
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