Q: IF FSLA guidelines for classifying Independent Contractors was in question from January 2021 until about October 13 2022
when a final ruling was made October 2022 for the Economic reality test.
How can they determine and force me to classify Independent contractors as employees for period Jan 2021 through Jan 2023?
The economic reality test has been in place for years, although there have been several changes/attempted changes and clarifications/attempted clarifications in recent years. Also, in any given situation, there are numerous independent contractor rules that could apply. While there are the DOL rule (for federal FLSA) and the IRS rule (for federal taxes), there are also sometimes state or local rules related to wage and hour, taxes, unemployment, workers' compensation, etc.
An attorney probably wouldn't be able to advise you about which rule was applied in your situation (and whether it was appropriate to apply that rule) without more information. You should consider consulting with a knowledgeable attorney who can assess the facts and advise you on your options.
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