New Labor Rules Impacting Independent Contractors in Arkansas
The U.S. Department of Labor has introduced new regulations aimed at ensuring independent contractors receive fair compensation for their work.
A nationwide labor regulation set to take effect on March 11 will redefine the classification of independent contractors in Arkansas.
On January 9, the Biden Administration implemented this new labor guideline to combat the misclassification of workers as independent contractors. A key aspect of this rule addresses how the U.S. Department of Labor and federal judges assess whether workers are correctly identified as independent contractors.
Under the new guidelines, various professions, including janitors, home-care aides, construction workers, and trucking professionals, may now be classified as employees instead of independent contractors.
Typically, most trucking companies hire drivers classified as independent contractors, which could change with the new rules. The U.S. Department of Labor emphasizes that these adjustments aim to ensure that independent contractors receive the wages they are owed.
Acting Secretary of Labor Julie Su highlighted the seriousness of misclassifying workers as independent contractors, stressing that it undermines workers’ basic rights. She stated, “This rule will help protect workers, particularly those at high risk of exploitation, ensuring proper classification and fair wages.”
However, Shannon Newton, President of the Arkansas Trucking Association, argues that existing methods already address such issues. She expressed concern that the new rule might limit individual choice regarding employment status in the trucking industry and could drive up shipping costs due to increased rigidity in capacity.
Newton pointed out that larger trucking firms are likely to navigate these regulations with ease, but smaller mid-size fleets could face significant disadvantages. She also predicts that multiple lawsuits may emerge to challenge the implementation of these rules as the effective date approaches.