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New federal labor rules could mistakenly classify "participants in surveys, focus groups, and other market research activities" as "employees of the research companies," which the leading trade association for the insights industry called "the wrong result and presumably not the intention of the proposal."

Consumer data privacy and security concerns, including progress towards a new trans-Atlantic data deal, a new law in California and proposed rules in California and at the FTC, were top of mind for the insights industry in October. In addition, concerns about draft U.S. Department of Labor regulations impacting research subjects’ status as independent contractors, and miscellaneous other new laws, remain salient.

To our pleasant surprise, Congress has actually been cutting compromises on federal privacy legislation, as the Insights Association has been seeking, so that has been a big focus this month, along with other privacy and data security concerns. Also on this month’s docket have been rules to treat a research subject as an independent contractor, the use of employee non-compete agreements, funding for the U.S. Census, and the regulation of alcohol market research.

Since our last Fighting for You, the Insights Association has been charging full-steam into debates over consumer privacy and data security at the state, federal and trans-national levels; opposing a new project at the Census Bureau that would compete directly against the insights industry; scrutinizing Congressional legislation and possible Securities and Exchange Commission regulation that could treat research subjects like employees, instead of independent contractors; and advocating against ...

Thanks to help from researcher Vera Cooley, the Washington State House Committee on Finance amended legislation before passage on February 28, preventing a detrimental impact on the survey, opinion and marketing research profession.

Independent marketing research professional Vera Cooley testified yesterday in defense of respondent incentives at a state legislative committee hearing.

Legislation in the Washington State House could cripple survey, opinion and marketing research involving respondent incentives by creating the presumption that anyone receiving remuneration for services is an employee.

Worker classification is one of the more pressing issues facing survey, opinion and marketing researchers today.  Misclassification of respondents, moderators, and interviewers may subject researchers to lawsuits, investigations, audits, complaints, and economic liabilities including payment of back taxes and fines, providing unemployment, employee benefits, and worker’s compensation. Therefore, it is imperative that research professionals know and understand state law defining independent cont...

Representative Mike Kelly (R-PA-03) has introduced the Research Fairness Act (H.R. 5915) in the U.S. Congress to prevent marketing research participants from being treated as employees of research companies.