Posts tagged Administrative Procedures Act
Small Businesses File Lawsuit Challenging DOL’s Independent Contractor Rule
March 5, 2024 // NFIB opposed DOL’s 2024 final rule on independent contractors, arguing that the rule further complicates the worker classification process for small businesses. Small business owners supported the 2021 rule, which offered a straightforward test for determining who is and is not an independent contractor. NFIB filed the complaint with the Coalition for Workforce Innovation, Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Inc., Financial Services Institute, Inc., Chamber of the Commerce of the United States, National Retail Federation, and American Trucking Associations.
FREEDOM FOUNDATION CALLS OUT FEDERAL SCHEMES TO EXPOSE MORE WORKERS TO UNION PRESSURE
January 31, 2023 // The wage and hour requirements of the Fair Labor Standards Act, the excessively complicated regulations of the Wage and Hour Division and the collective bargaining requirements of the National Labor Relations Act all give employers incentives to use independent contractors rather than employees when possible. Oblivious to the role they play in encouraging the use of independent contractors, Biden’s operatives insist the “misclassification” of employees as independent contractors constitutes a national emergency. In fact, a far greater threat is posed by the new regulations to the livelihoods of independent contractors in the gig economy just to appease Biden’s benefactors in Big Labor.
Conservative group launches effort to fight Biden administration workplace rules
October 28, 2022 // If implemented, the new rules could restrict independent contracting, which would force some freelancers to reclassify as employees, and broaden the definition of joint employment, making it harder to own and operate franchise businesses. Because these rules are being proposed by executive branch agencies, they do not go through rounds of debate and votes in Congress. However, under the 1946 Administrative Procedures Act, they must go through a public comment period to receive feedback before being implemented. This is where the group, Heritage Action for America, is trying to make an impact, soliciting comments from the public via a new website.
Michigan bill would force prevailing wage on private businesses
October 25, 2022 // News Story Michigan bill would force prevailing wage on private businesses Not even Michigan’s old prevailing wage law, which was repealed in 2018, applied to private business By Jamie A. Hope | October 24, 2022Share on FacebookShare on Twitter State Rep. Rachel Hood, D-Grand Rapids, has pushed for private businesses on to pay the prevailing wage on renewable energy projects. Should State Rep. Rachel Hood, D-Grand Rapids, find herself in a position of power in January, she will likely require private businesses to abide by a prevailing wage policy when awarding a contractor bid for renewable energy projects. House Bill 6099, introduced by Hood on May 11, would require union wages for private renewable energy projects. Not even the prevailing wage law, which was repealed in 2018, required that. Prevailing wage typically refers to the pay and benefits contractors and vendors are required to offer their employees when doing business with a government agency. Gov. Gretchen Whitmer reinstated prevailing wage for those doing business with the state by way of an Oct. 2021 press release. Steve Delie, director of labor policy at Mackinac Center, says Hood’s bill could raise energy costs. “The problem with this bill is the same problem that prevailing wage policies have generally—this will lead to increased costs and decreased competition,” Delie told CapCon. “As we unwisely transition away from reliable energy, this bill would further increase the costs of wind and solar projects, without any accompanying benefit.” Rep. Rachel Hood,
Biden Department of Labor Must Protect Independent Contractors in New Rulemaking
June 7, 2022 // Independent contractors should be concerned with the Biden Administration’s hostile posture towards freelance work. The administration has worked on withdrawing the Trump Independent Contractor Rule since the day of President Biden’s inauguration. The Trump Independent Contractor Rule created an “economic reality” test to determine whether the individual in question works for themselves or their employer. The test looks at two “core factors” to determine the individual’s status: 1) “the nature and degree of control that the individual has over the work itself” and 2) “the opportunity for profit or loss based on the individual’s investment or initiative.” This test clarified the definition of an independent contractor Coalition for Workforce Innovation v. Walsh