Posts tagged AB5
Trucking groups appeal AB5 ruling to Ninth Circuit
April 16, 2024 // California signed AB5 into law in 2019. The worker classification law is based on the ABC Test, which requires a business to demonstrate three factors are established before a worker can be deemed an independent contractor. The “B prong” of the ABC Test appears to prevent a trucking company from classifying a truck driver as an independent contractor regardless of the level of control or any other factors. The California Trucking Association and OOIDA contend that AB5 imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause. In addition, OOIDA and the state trucking group have said that the law’s decisions on who it exempts violate the U.S. and California constitutions’ equal protection clauses.
A New Law Could Affect Your Retirement Side Hustle Income
April 10, 2024 // Kavin owns her own freelance writing and editing business in New Jersey and leads Fight For Freelancers USA, a nonpartisan coalition of freelancers from across the country that spans professions from translation to interior design. Around 20% of group members are ages 55 to 64 and nearly 10% are age 65 and older. Some members turned to freelancing after suffering age discrimination that cost them a traditional job, says Kavin. "They still want to work and earn, and the way they're able to do it is as independent contractors," she says. Kavin says she does well as a freelancer and does not want a traditional job, even if she could find one at her age. "It's a lot harder to find a traditional job in your 50s than in your 30s, especially one with the significantly higher level of income that I've been able to achieve as a freelancer," she says. "If I lose this self-employed business that I just spent 20 years building up, there may be no other place for me to go."
What the Biden Administration Could Learn From California’s Attempt To Ban Independent Contracting
April 8, 2024 // In other words, the president promised to replicate AB 5 nationally but has failed. I can only surmise that the Los Angeles Times doesn't pay much attention to California news, either. As noted above, AB 5 isn't the victim of Congress or industry—but of massive, angry blowback from California freelancers, many of them Democrats—in multiple professions who didn't appreciate losing their jobs. The story focused on San Francisco's settlement with a company that connects workers with hospitality industry jobs, so AB 5 is still wreaking havoc. The most aggravating part of the Times article cites a study from the pro-union Economic Policy Institute, which finds "blue-collar workers classified as contractors are losing out on as much as $16,700 a year compared with what they would have made as regular employees." Perhaps it should show how much money these workers are losing when companies axe their jobs because of the AB 5-style mandates. When it comes to economics, union think tanks, reporters, and the Biden administration are as clever as those proverbial worms.
COMMENTARY: Like AB5, CA’s Fast-Food Minimum Wage Hike Results in Layoffs, Closures, and Higher Prices
April 4, 2024 // It certainly wasn't a victory for the consumer. First, the prices of fast food started to tick up, then Pizza Hut drivers were laid off. The FAST Act is now fully in effect, and so are the unintended consequences. Tuesday, April 2 saw reports of fast-food restaurants cutting hours, laying off workers, and some completely shuttering their businesses. Welcome to California, where a Big Mac combo will cost you $25.00 and be served to you by a robot. Stevie Wonder could have seen this coming; but hey, power to the people, and all that.
Stalled Labor Pick Julie Su Lets Herself Off the Hook for California’s Missing Billions
April 2, 2024 // California’s auditor notes that the U.S. Department of Labor has issued helpful “guidance” for state finance officials in “Unemployment Insurance Program Letter 05-24.” Flip over to the U.S. Department of Labor’s DOL 05-24 letter and you learn what Julie Su is up to. The DOL memo says a Covid-era agreement between the feds and state unemployment departments “required states to use the CARES Act funds ‘for the purpose for which the money was paid to the state’ and to ‘take such action as reasonably may be necessary to recover for the account of the United States all benefit amounts erroneously paid and restore any lost or misapplied funds paid to the state for benefits or the administration of the Agreement.” But how will the federal DOL know whether states took “such action as reasonably necessary to recover” the billions stolen by fraudsters? Because the states will tell them so, or, as the DOL put it in inimitable Orwellian language: “Applying state finality laws to the CARES Act UC programs means that, in many instances, the state will not need to take retroactive action to resolve monitoring findings.”
Isabel Soto: Biden’s war on freelancing affects the American dream
March 26, 2024 // The left’s war against self-employment is not a reform. It is paternalism: disconnected elites telling 70 million of happy, hurried Americans who don’t know what’s good for them. (It’s also cronyism, since the war on freelancing is fundamentally a project of the big unions, who hate competition.) And as always, when the government targets the proverbial “needy,” the real needy in our economy—women, minorities, and low-income communities—feel the pain. Half of Latinos are self-employed, 40% of African Americans, half of young workers, and more than half of low-income workers. An analysis by The LIBRE Initiative found that until 26% of independent workers are Hispanic and 14% of independent workers are black
Opinion: New Labor rule will harm freelance work under the guise of helping workers
March 22, 2024 // In crafting solutions, it is crucial to maintain a focus on protecting vulnerable workers while also supporting innovation and maintaining the flexibility that has become a hallmark of the American economy. Collaborative efforts between businesses, labor organizations, and policymakers can pave the way for regulations that uphold fair labor standards without shutting down economic growth and individual autonomy.
Commentary: ATR Applauds House Education & Workforce Committee for Defending Independent Contractors
March 22, 2024 // “Independent contractors want to be their own boss. But Biden and the Democrats want to force them to HAVE a boss,” said Grover Norquist, President of Americans for Tax Reform. Americans for Tax Reform applauds the House Education & Workforce Committee majority for passing Congressman Kiley’s resolution to nullify the Biden DOL’s harmful reclassification of independent contractors.
PODCAST: An Unholy Incubator, Will Swaim breaks down the new regulation that took effect on March 15 which affects every independent contractor in America.
March 21, 2024 // The President of the California Policy Center, host of National Review’s Radio Free California podcast, and watchdog journalist warns about the new federal regulation that effectively makes CA-AB5 national and ends independent contractor status as we know it. As goes California, so goes the nation—from a $20 minimum wage for fast-food workers to rampant homelessness, crime, and reparations—the recovering communist dissects examples of what’s happening in the Golden State and yet to come nationally.
Gig Workers Need Flexibility, Not More Rules | Opinion
March 20, 2024 // Su and the Biden administration are missing one important thing, however: most contract workers don't want those protections. Or rather, they consider the reward of the contract work and compensation to be greater than the risk of not having the traditional protections a full-time employee might enjoy. Many contract workers also work full-time jobs that offer said protections. The gig economy has exploded in the last two decades. Before the pandemic, it was estimated to employ 36 percent of American workers, or about 57.2 million people. Statistics from last year suggest there are over 73 million freelancers in the U.S.