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Freelance Writers and Editors File Lawsuit Seeking to Invalidate SWACCA-Supported Independent Contractor Final Rule

Yesterday, four freelance writers and editors filed a lawsuit asking a Georgia federal court to invalidate the Department of Labor’s new SWACCA-supported independent contractor rule published last week.

They claim the final rule violates the Administrative Procedure Act and the U.S. Constitution because it is overly vague and conflicts with the statutory text of the Fair Labor Standards Act, according to their lawsuit filed Tuesday in the US District Court for the Northern District of Georgia.

The plaintiffs say the “freewheeling” rule “embraces a multiplicity of factors and deliberately refuses to state what is important to the inquiry” creating a situation in which “stakeholders are effectively being told that anything about their business could be relevant, and the Department or a court are the only ones who can properly weigh the factors.”

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