Which Way is the Wind Blowing on Independent Contractors Lately?


All Employers with Independent Contractors


April 29, 2019


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The question always seems to be – which way is the wind blowing on independent contractors lately? The answer depends on who is asking and in what state they work. Most recently, the U.S. Department of Labor (DOL) issued an opinion letter indicating that gig economy workers who are part of the virtual marketplace are likely independent contractors, provided they meet the six-factor economic realities test. The DOL stated that a virtual marketplace company (VMC) “is an online and/or smartphone-based referral service that connects service providers to end-market consumers to provide a wide variety of services, such as transportation, delivery, shopping, moving, cleaning, plumbing, painting, and household services.” The role of VMC’s is to help consumers more readily connect with the services they are looking for.

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