Posts tagged ABC test
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.
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.
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.
Further appeals to block AB5 from California trucking seen as a long shot
March 19, 2024 // Appeals are possible of the decision Friday in the U.S. District Court for the Southern District of California that emphatically rejected all the arguments by the California Trucking Association (CTA) and the Owner-Operator Independent Drivers Association. But several observers of the legal battle that has gone on for more than four years said that may prove too big a challenge to proceed. “I’m sure that some will advocate for the appeal and exhausting all efforts, but I’m certainly not bullish on the likelihood of success in the 9th Circuit,” an attorney who is not representing any of the parties and requested anonymity said of possible future CTA/OOIDA action. “It is time to ‘move on’ absent the political will to change.”
IWF Signs Independent Contracting Coalition Letter
March 18, 2024 //
Opinion: This Looming Regulatory Change Is Endangering Your Entrepreneurial Livelihood. Here’s What You Can Do About It.
March 7, 2024 // On the independent contractor language, the U.S. Department of Labor acknowledges in its new rule that there may be "conceptual overlap" with the ABC Test's most harmful section to independent contractors. The U.S. Chamber of Commerce says the "DOL's claim that the regulation does not reflect the ABC Test leaves something to be desired." The independent contractor CRA was introduced in the House and Senate in early March with more than 70 co-sponsors and needs more in both chambers to advance. Federal lawsuits have been filed against both federal agencies, trying to stop these policy changes through the courts. But, given the snail's pace with which the wheels of justice can turn, it's important for Congress to act.
Commentary: New Research Exposes Flaws in California’s Independent Contractor Law
February 28, 2024 // The theory behind both AB-5 and the DOL’s recently finalized regulation for classifying independent contractors or employees under the Fair Labor Standards Act is the same: by making it harder to maintain independent contractor relationships, independent contractors will be converted into traditional employees. The Mercatus study suggests this theory has failed in California. The question is whether DOL has learned anything from that example.
How the New Independent Contractor Rule Could Impact the Senior Care Gig Economy
February 27, 2024 // einer notes that the rule’s implementation follows a general movement throughout the country that is making it much harder for employers or businesses to classify workers as independent contractors. “However, since it’s a rule and not a statute, courts don’t necessarily have to follow it,” he says, although federal courts are inclined to follow guidance and rules issued by USDOL. “When the USDOL conducts an audit, they’re going to follow their own rules and guidance,” Weiner says. “Once you’re under an investigation by USDOL, you’re under their control. But because this rule has yet to go into effect, we don’t know necessarily what the overall real-world implications are.”
Op-ed: Watch out — California’s damaging gig workers law is going nationwide
February 20, 2024 // The rule is slated to take effect on March 10. U.S. Sen. Bill Cassidy (R-La.) and Rep. Kevin Kiley (R-Calif.) have both declared they will use the Congressional Review Act to have this rule rescinded. Previous legislation has been tendered in support of small businesses and the self-employed. The “Fight for Freelancers” group of female writers and editors has filed a lawsuit challenging this rule, which serves to appease Big Labor in the same manner as AB5.