Kelly Kindig discussed with Business Insurance about a U.S. Department of Labor opinion letter outlining when a worker should be considered an independent contractor or an employee. Kelly said with the Department of Labor guidance, “presumably there should be less liability for employers going forward as to certain categories of workers.” Employers must also contend with some state laws. With the Department of Labor under the Trump administration “backing away from a lot of that Obama-era regulation, we probably are already seeing the states filling the gap,” said Kindig.

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