The DOL also commits circular reasoning when it argues that case law has not identified any factors of the independent contractor test to be probative and thus that the rule’s identification of the core factors as probative is invalid. But the reason why case law hasn’t yet identified any factors as being primary determinants of worker status is that the DOL has not previously issued rules and regulatory guidance that identifies such core factors. Taken together, the justifications the DOL is using to withdraw the rule are not substantive.