The FTC's Foray Into Worker Classification Is Misguided and Unlawful
Not only would regulating employee classification exceed the FTC's congressionally delegated authority—beyond that, it's simply bad policy.
April 12, 2022 at 01:39 PM
7 minute read
CommentaryWhen it comes to the FTC's comprehensive effort to reshape business in America, the agency's recent public efforts have largely focused on merger regulation, making its proceedings more accessible to the public and policing pandemic predators. Yet, in the background, the FTC has been quietly laying the foundation for an unprecedented attack on long-standing worker-classification norms, which could harm millions of Americans and thousands of small and large businesses that depend on independent contractors. Specifically, the FTC is preparing to unilaterally limit who qualifies as an independent contractor and prosecute violations under Section 5 of the FTC Act.
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