Posts tagged ABC test
Rideshare, retailers brace for tough U.S. independent contractor rule
September 28, 2022 // The meetings at the White House were one-sided, with officials at OIRA letting groups speak and not participating or asking follow-up questions, several employer sources said. They are interpreting that as a sign the Biden administration's mind is made up. Some of the groups have been trying, and failing, to convince the White House that any broad rule would hurt workers who want to remain independent and have flexibility...More than one-third of U.S. workers, or nearly 60 million people, performed some sort of freelance work.
Dems Desperate to Deliver Last-Minute Favors to Big Labor Bosses
September 13, 2022 // The NLRB waited 23 months – long after it had gathered the relevant information to issue a complaint – to file the preliminary injunction. The NLRB waited until a week before the JKF8 vote to tip the scales the hardest for the union – and admitted as much in its court filings. Not only did the NLRB intervene at the last minute to improperly influence the employees’ vote, but it did so to protect a workplace bully. While the left claims to care about worker’s rights, clearly only certain workers’ rights matter. The Biden NLRB is willing to promote workplace harassment so long as it furthers Big Labor’s goals. The Amazon case is one of many examples of the supposedly impartial NLRB delivering for Big Labor. Instead of pushing proposals like the PRO Act that would hurt workers, Congress should conduct robust oversight hearings into the NLRB’s conduct.
UNION SPONSORED AB 5 HITS INDEPENDENT TRUCKERS
August 24, 2022 // For a while, AB 5, passed in the fall of 2019, didn’t affect truckers. It affected plenty of other people in plenty of other lines of work, prompting belated carve outs by the legislature to expand the list of exempted professions. Passage of AB 5 even provoked the ride share industry, led by Uber and Lyft, to raise over $200 million to qualify and run an initiative campaign, Proposition 22, to repeal the portions of AB 5 that affected their businesses. After Prop. 22 was approved by voters in November, four “gig drivers,” backed up by the SEIU, successfully challenged Prop. 22 in court. That ruling is now being appealed by Uber before the 9th Circuit Court of Appeals. "business to business” exemption, Borello test, California Globe
Opinion: Amidst inflation, President Biden should refocus his efforts on expanding flexible work careers for Americans
August 9, 2022 // Why is championing flexible work through reforms so important? Independent contractors make up a sizeable portion of the 59 million freelancers in the U.S. economy, employ tens of millions of additional workers under their contracts as small businesses, and are often the entrepreneurs that grow successful new businesses in communities. Modern Worker Empowerment Act, California Supreme Court
Trucker strike in the Port of Oakland threatens supply chain disruptions
July 22, 2022 // R Street Institute’s western region director, Steven Greenhut, who lives in California, is not convinced that his state’s current government will be up to fixing the problem. “California lawmakers exempted more than 100 professions from their misguided ban on independent contracting, Assembly Bill 5,” he told the Washington Examiner. “But they never bothered to address the impact of their law on trucking, which is one of the most important functions in our economy.” Greenhut said it was “astounding” that lawmakers didn’t act on this “given the ongoing supply chain disruptions and the backlog at the LA area ports.” Danny Wan, diesel emission rules
Department of Labor Rule – Coalition Letter
July 22, 2022 // The January 7, 2021 DOL rule has provided clarity to the decades-old economic realities test for the modern workforce, helping to apply determinations in light of the different types of work and technologies used to work and connect with customers today. Instead of removing this clear and sensible standard and attempting to diminish or eliminate independent contracting, we urge you to preserve paths to self-employment that allow tens of millions of working Americans, parents of children with special needs, workers seeking career changes, disabled workers and workers caring for disabled family members, and entrepreneurs growing small businesses of their own to pursue work on their own terms. Brent Wm. Gardner, Brandon Arnold, Grover Norquist, Michael J. Lotito, Greg Sindelar, Krisztina Pusok, Ph. D., The American Consumer, American Legislative Exchange Council, Lisa B. Nelson, Center for Freedom and Prosperity, Andrew F. Quinlan, Robert Fellner, Heather R. Higgins, Independent Women's Voice, Bethany Marcum, Alaska Policy Forum, Mike Stenhouse, Mike Hruby, New Jobs America, Paul Gessing, Rio Grande Foundation, Seton Motley, Less Government, Robert Alt, Steve Delie, Brian Minnich, Daniel Erspamer, Pelican Institute, Eric Peterson, Pelican Center for Technology and Innovation, Randy Hicks, Georgia Center for Opportunity, Alliance for Opportunity, Jeffrey Mazzella, Center for Individual Freedom, Douglas Carswell, Mississippi Center for Public Policy, David Williams, Taxpayers Protection Alliance, Ryan Ellis, Center for a Free Economy, Phil Kerpen, American Commitment, James Taylor, The Heartland Institute, Adam Brandon, FreedomWorks, Elaine Parker, Job Creators Network Foundation, Brandon Dutcher, Oklahoma Council of Public Affairs, Thomas A. Schatz, Citizens Against Government Waste, Justin Owen, Beacon Center of Tennessee, Matthew Kandrach, Consumer Action for a Strong Economy, Charles Mitchell, Commonwealth Foundation, James L. Martin, 60 Plus Association, Saulius “Saul” Anuzis, 60 Plus Association,
Hundreds of truckers block Oakland terminal access to protest AB5
July 19, 2022 // By Monday afternoon, the SSA, TraPac and Everport terminals announced there would be no night shift hours as the protesting owner-operators were only allowing around two company trucks per hour into the terminal gates throughout the day. On average, 250 trucks an hour would flow through the terminals on a typical work day. Matt Schrap, CEO of the Harbor Trucking Association, who was in Oakland on Monday, lauded the demonstration. owner-operators, Kimberly Sulsar-Campos, vice president of Oakland-based Iraheta Bros. Trucking, Rafael Quintero, Joe Rajkovacz, director of governmental affairs for the Western States Trucking Association, Employment Development Department [EDD] audit, Larry Dhaliwal, LDT Transport, Robert Bernardo, TraPac, Bill Aboudi, drayage trucks
PRO ACT WOULD CAUSE MORE SUPPLY CHAIN, WORKFORCE CHAOS
July 6, 2022 // The problem with the President’s position on the PRO Act is that it cuts completely against his mission to ensure supply chain resilience. Specifically, the PRO Act would allow for secondary activity including picketing, strikes, and boycotts directed at neutral third parties that are not involved in a labor dispute. For example, the Teamsters could picket and block shipments to a retail warehouse because they want to organize a trucking company. Allowing secondary activity aimed at a neutral retailer would cause significant economic impact throughout the supply chain where multiple businesses including retailers, suppliers and distributors work together to get goods to consumers. ILWU, PMA
Opinion: Biden must reverse course and protect independent contractors
June 17, 2022 // With this new rulemaking period, the administration has a chance to turn the page on its stridently anti-independent contractor stance. Any new rules should protect the right of Americans to make a living outside of a traditional employment relationship. Under current law, there are two ways an individual can have a relationship with someone that is paying you. The first is an employee, where a person that is paying the individual has total control over how, when, and where the work is being done.
Biden’s PRO Act is a covert tax hike on 7.7 million Americans
April 28, 2022 // The PRO Act has been one of Biden’s top priorities despite the fact that it has yet to move in the Senate. The PRO Act’s ABC test is a clear tax hike on millions of Americans, 96 percent of whom make less than $400,000 per year. If Biden is serious about upholding his tax pledge, a central part of his presidential campaign, he should kick the PRO Act and the ABC test to the curb.