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Comment 27

Proposed Rules
Chapter 815
Marketplace

From: James Franklin


Sent: Wednesday, January 16, 2019 2:24 PM
To: TWCPolicyComments
Subject: Workforce 38 Program Policy

CAUTION: Email not from TWC System. Use care when clicking links and
opening attachments.

I disagree with the commission's vote to characterize almost anyone hired from a website as an
independent contractor. The control exerted by the companies that provide workers and the
companies utilizing the workers efforts, that originate or is derived from a website/internet
source, clearly does not meet the IRS definition of independent contract with respect to what and
how work will be done.

This policy will simply trigger legal action such as class action lawsuits that will ultimately cost
taxpayers and businesses in Texas. It is simply the cost of doing business (compliance with labor
laws) if a business exerts controls over workers beyond the results of their labor.

This email is based on my reading of the San Antonio Express-News article by Chris Tomlinson
on January 16, 2019 entitled "Workforce regulation stacks deck against gig workers".

Sincerely,
James Franklin
8608 Clipper Harbor
San Antonio TX 78253-6753