More fundamentally, however, the government opposes the definition of `employee\' proposed by the Democrats because that definition would include an exhaustive list of factors that point to a person being either an employee or an independent contractor.

This is less flexible and narrower than the existing common-law test that allows consideration of all relevant factors and circumstances impacting upon the relationship between the parties. The government will not support amendments that reduce flexibility by departing from the long-established and well-understood common-law tests.