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June 30, 2023
Recent episodes covered NFIB’s D.C. Fly-In, worker classification rules, and one-size-fits-all regulations
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Advocacy Fly-In in Washington, D.C.

Worker Classification: The Difference Between Employees and Independent Contractors
In this episode, Executive Director of the NFIB Small Business Legal Center Beth Milito went over how to determine whether your small business’ workers are considered employees or independent contractors. Milito covered the difference between independent contractors and employees, the different tests used to determine classification, and common exceptions. “Generally, employees have greater legal protections under the law,” explained Milito. “They are entitled to unemployment, workers’ compensation, and workplace rights like overtime, sick pay, meal breaks, those sorts of things. Additionally, if somebody is an employee, as an employer you need to pay a portion of that employee’s payroll tax, social security, and Medicare contributions. Independent contractors, on the other hand, are handed a lump sum for their work. They’re paid for a job, not paid by the hour, and they are to report their income on the 1099 form. They are not given any benefits, and the employer does not pay any part of their taxes. They are responsible for the full amount of their social security and Medicare contributions. They are also responsible for withholding income taxes and reporting those quarterly. So, there is a big difference between employees and independent contractors, particularly when it comes to taxes.” For more information on determining a worker’s classification, check out NFIB’s Guide to Independent Contractors.Federal Agencies Disregard Law That Protects Small Business
NFIB member David Henrich joined expert NFIB staff to discuss the Regulatory Flexibility Act (RFA). The RFA is meant to address the disproportionate impact of federal regulations on small businesses. The podcast discussed how federal agencies often fail to abide by the RFA and how a lack of compliance leads to burdensome one-size-fits-all regulations on small businesses. “Our industry has done a really good job for a really long time, so we fly under the radar, but every once in a while, rules pop up that all of a sudden are just massive that sweep you into pools of regulation that you otherwise never were exposed to and really don’t belong in,” David explained. “Because people don’t take time to focus on who can really be impacted by rules, you just inadvertently get caught up in the net.”
To learn more about legislation in Congress that would protect small businesses by enforcing the RFA and take action, visit our website.
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