Posts tagged ABC test
DOL Making it Harder to Hire Independent Contractors
October 1, 2024 // The DOL’s test is just one of many. The IRS uses a “right-to-control” test, which is generally more business-friendly, focusing on whether the hiring firm controls how the work is done. In contrast, many states apply the strict ABC test, where a worker must: ⦁ be free from the company’s control, ⦁ work outside the usual course of the hiring firm’s business, and ⦁ be engaged in an independent business or trade.
Commentary: California’s Unions Lost Their Long Battle Against Uber and Lyft
August 13, 2024 // The state Supreme Court unanimously ruled that ridesharing drivers can be exempted from California's crackdown on independent contracting.
Opinion: Congress Doesn’t Care About Freelancers — and It May Cost Them at the Polls
August 11, 2024 // Supporters of reclassification do not understand how essential independent contracting is to our livelihoods. This was evident in 2020 in the fight against California’s AB5—a law implementing a restrictive ABC test that reclassified many independent contractors as employees and inspired the DOL’s new rule. One elected state official claimed the independent status being stripped from us was just “taking away our lollipops.” Instead, AB5 hollowed out self-employment, pushed up unemployment, and destroyed many livelihoods in the process. While California is not in play in this election, Virginia is. Independent professionals are aware of what they will lose if similar policies are nationalized.
AB5 specifically targets interstate truckers, OOIDA says
August 8, 2024 // “AB5’s blanket prohibition of leased owner-operators constitutes an unreasonable burden on interstate commerce in violation of the dormant Commerce Clause of the U.S. Constitution under the test established by the Supreme Court in Pike v. Bruce Church Inc.,” OOIDA wrote. “Under Pike’s balancing test, AB5’s burden on leased owner-operators is absolute, and the benefits to the state are minimal, if not illusory. There is no cost truckers can incur or administrative hurdle they can overcome to keep their independent contractor small businesses as leased owner-operators.”
Kamala Harris’s War on American Workers
July 29, 2024 // Harris’s labor policy platform is designed to force every American worker into a union. Big Labor is one of the Democratic Party’s fattest cash cows, spending at least $1.8 billion to elect the Biden-Harris ticket and down ballot Democrats in 2020. The more union dues-paying workers there are, the more money flows into Democratic campaign coffers. The centerpiece of Harris’s plan is banning right-to-work laws, which allow workers to earn a living without being forced into a union as a condition of employment. Right-to-work laws, which protect more than 166 million Americans in 27 states, promote economic growth and prosperity.
COMMENTARY: Kamala’s “PRO Act” Would Ban Right-to-Work and Destroy Independent Contractors Nationwide
July 29, 2024 // The PRO Act is a return on the investment of the hundreds of millions of dollars that Big Labor poured into the Democratic Party’s campaigns to capture the House, Senate, and White House. Employers will be able to force workers into unions as a condition of employment, and union bosses will have access to personal information to bully workers into compliance. Tens of millions of independent contractors would face losing their jobs.
OPINION: Would Harris Be Better than Biden for Independent Contractors?
July 11, 2024 // It’s imperative for the tens of millions of Americans who earn some or all of their income as independent contractors to understand where she stands when it comes to money that is earned through self-employment. The record shows that Harris poses a real threat to independent contractors’ income, and for many of us, to our entire careers.
Freelancers sue over new rules on independent contractors
July 8, 2024 // “It really coerces a lot of companies to try to put people, put workers in the employee box just so that they can be sure that they have their bases covered,” says Wen Fa, an attorney and vice president of legal affairs at the Beacon Center of Tennessee, a nonprofit think tank that advocates for individual rights and free market public policies. “Ultimately, what we’re fighting for is the right to freelance.” Fa is representing Margaret Littman and Jennifer Chesak — Nashville-based freelance writers and authors whose bylines collectively include The Washington Post, Men’s Health, National Geographic, and Condé Nast Traveler.
Independent contractor classification still murky under new DOL rule
July 8, 2024 // Bill Webb, executive director for the Coalition for Independent Truckers, is skeptical. “To me, it’s just another one of those deaths by 1000 cuts for the independent contractor model,” he said. He believes this year’s November election will be crucial in retaining the current model. “(The DOL rule) does clearly change from a true AB5 model to something a little muddier,
N.J. Case Creates Model for Independent Contractor Status
May 17, 2024 // The New Jersey REALTORS®, with legal action support from NAR, submitted amicus briefs in the case expressing concern over the precedent the case could set for brokerages’ ability to decide employee status. The New Jersey association also successfully lobbied state lawmakers to amend the New Jersey Real Estate License Act, often known as the Brokers Act, to clarify that written agreements between a broker and salesperson define the worker’s status. New Jersey lawmakers enacted the amendment in 2018 and, in 2022, passed a further amendment clarifying that the 2018 amendment is retroactive. That change paid off: The New Jersey Supreme Court dismissed the case(link is external) this week.