Even if the proposal becomes a rule, it will not change California’s approach, the Labor Department and legal experts said.
AB5, which makes it harder to say workers are independent contractors, would take precedence.
“It clarifies what the rules are and finally embraces that independent contractors are here to stay,” she said.
Smith said the Labor Department guidelines flip some of those criteria.
Experts said it appears the Labor Department is rushing to make the proposal a rule before a potential new administration would take office.