Employers: New Department of Labor Rule for Independent Contractors
Hello Employers (Administrators and Leaders at Organizations and Entities):

Please share your perspective on the Department of Labor's proposed rule for Independent Contractors (read more here).  How do you imagine the rule will impact your organization and its work with Teaching Artists?  What challenges or opportunities does it present? What recommendations do you want to give policymakers? 

TAMA will do its best to keep you updated on the developing issue.

All Organizations and all Teaching Artists' will help us understand the implications of the proposed rule and to determine recommendations or the yet-to-be-imagined solutions for an equitable and vibrant arts ecosystem of the future. 

Share the below text with Teaching Artists in your community:

FOR TEACHING ARTISTS:
Teaching Artists of the Mid-Atlantic is gathering your perspective on the Department of Labor's proposed rule for Independent Contractors (read more here).  What do you know about the proposed rule? How might the proposed rule impact your work? What recommendations do you have for the Department of Labor? Please share your comments on THIS SURVEY. 

We appreciate your help and support. 

Thank you!
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Name
Do not feel pressured to give your name. Your honest perspective is more important.
Organization Name
Do not feel pressured to give your name. Your honest perspective is more important.
Email
Do not feel pressured to submit your email. Your honest perspective is more important. If provided, a TAMA representative may follow up with you to further understand your perspective.
In what ways does your entity currently classify Teaching Artists?
Check all that apply. If you don't feel comfortable responding to this question, no worries.
What's one important thing you learned from the memorandum?
Share what feels right.
Will the proposed Independent Contractor Rule change how you do business with Teaching Artists?
How might the proposed rule for Independent Contractors impact your organization?
Share what feels right. 
What recommendation(s) do you have for the US Department of Labor?
Share what feels right. As posed by the Penn Hill Group, at the bottom of their memorandum, you may want to consider, but do not be limited by, these prompts:

  1. The rule does drive classification of individuals as employees. This may provide additional labor protections for such individuals. Independent contractors are not protected by FLSA’s minimum wage and overtime protections. We may want to consider commenting in support of the effort to help better classify artists that are indeed being misclassified as independent contractors

  2. Some of the factors (as DOL has laid them out) may be hard to apply to the real world of arts productions (i.e., what about a show with no end date – how does that jib with continuous employment)?  We may want to consider commenting on how some of these individual factors could apply to those “working” in the arts world.

  3. Employer ability to weigh factors may be difficult.  DOL doesn’t give specific guidance on how the factors should be weighed or considered against each other. We may want to consider if any of these factors should carry more weight vs. others in how a classification determination is made.

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