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1099 vs. W-2: Independent agents should take a second look

The Labor Department has proposed changes to employee classification that could impact agents.

By Dave Evans | February 02, 2023 at 06:57 AM
One example of an independent contractor who presumably satisfies the proposed rule is an IT professional on retainer with an agency to provide IT-related services for several employees. The IT professional’s main business is not insurance, so it should qualify as an independent contractor. (Credit: Pcess609/Adobe Stock) One example of an independent contractor who presumably satisfies the proposed rule is an IT professional on retainer with an agency to provide IT-related services for several employees. The IT professional’s main business is not insurance, so it should qualify as an independent contractor. (Credit: Pcess609/Adobe Stock)

Independent agency owners need to revisit how they identify independent contractors in light of the U.S. Department of Labor’s proposed rule on employee classification, which will rescind its 2021 rule. Although RIN 1235-AA43 is not yet finalized, the period for public comment ended on Dec. 13, 2022.

The proposed rule would require employers to analyze whether the worker is economically dependent on the employer for work or is in business for themselves — which can be a complicated determination.

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