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Pending independent contractor ruling, under-21 pilot program could be halted by Biden

1/5/2021

A handful of regulations recently finalized or proposed during the final months of the Trump administration could be halted or delayed when President-elect Joe Biden is sworn into office on Jan. 20.

During a press briefing held last week, the Biden administration announced it would publish a memo after noon eastern time on Jan. 20 to halt or delay what they called “midnight regulations” – actions taken by the Trump administration that have not taken effect by Inauguration Day. The regulatory freeze would apply to both regulations and guidance documents, according to Biden’s press secretary, Jen Psaki. Regulatory freezes are standard practice for incoming presidential administrations, she added.

Of note to owner-operators, Psaki specifically mentioned the Department of Labor’s proposed rule to expand the definition of “independent contractor” as a rule that would potentially be affected by the freeze. Proposed in September, the rule would better define independent contractor in the context of the Fair Labor Standards Act. It would take into consideration five “economic reality factors” to determine a worker’s classification.

According to nonprofit news organization ProPublica, there are also a few other trucking-related regulations that are considered “midnight regulations.”

One which has already taken effect but may be targeted by the incoming administration is the preemption of the Washington state meal and rest break rules. The Federal Motor Carrier Safety Administration granted a petition in November to preempt the state’s rules.

There are also two proposed pilot programs proposed in recent months that have yet to be finalized that may be halted. One is a pilot for 18-20-year-old truckers to run interstate to broaden the driver pool in the industry.

The other is a pilot to test pausing the 14-hour clock for as few as 30 minutes and as long as three hours, as long as the driver takes 10 hours off-duty at the end of the work shift.


Original article provided by:  https://www.ccjdigital.com/ccj-daily-dispatch-jan-5-pending-independent-contractor-ruling-under-21-pilot-program-could-be-halted-by-biden/


Tags:

21 Pilot Program , Independent Contractor