Posts tagged ABC test
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.
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.”