Posts tagged Biden era
Commentary: Short-Term Gains, Long-Term Harm: The Real Cost of Union Monopoly Power
May 22, 2026 // The Mercatus paper's survey findings cut against the union narrative in ways that should matter to anyone who follows labor policy. When asked directly, workers say they prefer unions that cooperate with management over unions that are more powerful but adversarial. They prefer having multiple options for representation rather than one organization with legal monopoly control over their workplace. And union progressive political activity and strikes, the two things union leadership most reliably prioritizes, are the only factors that consistently make workers less favorable toward organized labor.
DOL gets flexible on overtime
May 20, 2026 // In 2023, The Biden administration raised the income threshold from $35,500 to $44,000, and planned to increase it again to $59,000 annually by 2025. This was intended to expand the number of people receiving overtime. The administration’s union allies and labor-sympathetic lawmakers have long argued that companies abuse the exception by designating regular employees as managerial to get out of having to pay them overtime. Raising the threshold was meant to prevent this. This one-size-fits-all approach did not necessarily benefit all workers. The Biden rule would have limited employers’ ability to offer work weeks longer than 40 hours in exchange for other considerations, such as the ability to work from home or additional time off during other weeks.
DOL gets flexible on overtime
May 18, 2026 // The Fair Labor Standards Act (FLSA) requires that workers be paid time-and-a-half once a work week exceeds 40 hours. However, employers may exempt workers classified as managerial who meet a salary threshold. In 2023, The Biden administration raised the income threshold from $35,500 to $44,000, and planned to increase it again to $59,000 annually by 2025. This was intended to expand the number of people receiving overtime. The administration’s union allies and labor-sympathetic lawmakers have long argued that companies abuse the exception by designating regular employees as managerial to get out of having to pay them overtime. Raising the threshold was meant to prevent this. This one-size-fits-all approach did not necessarily benefit all workers.
Commentary: Mayer’s Concurrence Says What Every American Worker Already Knows
May 8, 2026 // The numbers tell the story. Workers in the original Rieth-Riley case filed their petitions in 2020. Those petitions remain dismissed to this day. Smith's petition has been in limbo for over two and a half years, with no hearing date in sight on the underlying case. As Mayer put it, "the open-ended dismissals approved in Rieth-Riley have deprived employees in case after case of any opportunity to vote in a Board-conducted election for years."
Op-ed: It’s Time to Unwind Biden’s Chaos for Freelancers, Small Business
April 29, 2026 // Preserving flexible work is extremely important to women, who make up about half of the nation’s freelance workforce. Nine out of 10 women who left traditional jobs to freelance did so for flexibility. As caregivers, independent contracting allows moms to raise children or care for aging parents. Sara B. stated in her supportive comment for the proposed rule, “I value my flexibility and independence with Instacart because I'm a mom who can only work sometimes because I don't have many people to help me watch my child so I can work. Being able to work whenever I want helps me so much.” For seasoned workers transitioning into retirement and older Americans supplementing Social Security benefits, flexible work keeps them engaged.
Labor Department’s reworked joint employer rule restores common sense
April 23, 2026 // The Labor Department came out with a draft rework of its joint employer rule. CEI labor policy expert Sean Higgins points to some good fixes but underscores the need for Congress to reform the law instead of leaving decisions to regulators:
Trump taps veteran labor lawyer to fill out Republican NLRB majority
April 14, 2026 // Trump's appointees are expected to target a series of labor board policies favored by unions that have helped fuel a spike in union organizing in recent years. But board rules require three members to vote in favor of overruling existing precedent, and Murphy and Mayer said during confirmation proceedings that they would not break with that practice. Murphy and Mayer have already revived a rule adopted by the NLRB during Trump's first term that makes it more difficult to hold companies liable as the "joint employers" of contract and franchise workers, and relinquished jurisdiction over a case involving Elon Musk's SpaceX to a different federal labor agency.
Commentary: The Labor Department Just Freed Contractors—Again. Congress Still Needs To Act.
April 6, 2026 // Fortunately, at the state level, more durable change is happening. Rather than trying to reclassify workers as employees, numerous states have begun experimenting with what's known as a portable benefits model. Under this framework, independent contractors in the gig economy are given access to SEP IRA–style accounts in which both they and gig companies can contribute. The funds from these accounts follow the contractors from job to job, rather than being tied to a single company, and they can be used for benefits like health insurance, retirement funds, or paid time off.
Potential Falsehoods by the Teamsters Create Opening for Reliable Union Elections
March 30, 2026 // Because in later testimony, BTS employees testified that the lead organizer who claims he was on site soliciting cards on April 23 was never there. Nor, workers testified, were any cards at all signed that day. In addition, there were only 40 drivers on hand that morning, not 46. And finally, BTS employed more than 91 drivers and dispatchers, meaning that, even if 46 cards had been signed, that would not constitute a majority. Therefore, if the workers’ testimony is correct, the majority needed to form a union did not exist.
Cannabis Workers Send UFCW Union Packing at Holistic Industries Monson Facility
February 25, 2026 // Packaging associates and delivery drivers at cannabis company Holistic Industries’ Monson plant have successfully removed United Food and Commercial Workers (UFCW) union officials from their workplace. The victory comes after a majority of Holistic employees backed a petition asking the National Labor Relations Board (NLRB) to administer a vote to remove the UFCW union from the facility (also known as a union “decertification” vote). Scott Browne, a Holistic packaging associate, submitted the petition with free legal aid from National Right to Work Foundation staff attorneys.