Posts tagged Bill Cassidy
Commentary: Biden’s Independent Contractor Rule Threatens the Evolution of Work
March 15, 2024 // So what's the advantage of reclassifying independent workers as employees? The same as the disadvantage: It makes it harder for workers to be their own boss, to choose their own schedules, to represent themselves, to set their priorities as they see fit. If you believe in the evolution of the workplace and worker self-determination, this is bad. But if you believe in a one-size-fits-all work model where individuals are employed by traditional businesses and represented by traditional unions, this is great.
Over 30 Leading Policy Groups Send Coalition Letter to Congress Raising Concerns with Department of Labor’s Independent Contractor Rule and Its Crushing Impact on Independent Workers
March 11, 2024 // Vincent Vernuccio, president of Institute for the American Worker, said, “Instead of empowering workers to make their own decisions to earn a living in the best way to support their families, many policymakers in Congress and the White House want to stifle worker freedom and flexibility. The vague and authoritarian DOL rule will hold back growth, destroy jobs, and harm the very workers it purports to help.”
Opinion: Biden rule threatens to throw independent contracting into disarray
March 6, 2024 // For example, the U.S. Postal Service uses 7,900 contracted delivery services to reach about 3 million of its delivery points. The plainclothes carrier who delivers mail via her personal vehicle to my home in Shenandoah, Va., is presumably one of these contract drivers. Under the Biden administration’s new rule, she and potentially thousands of individuals like her would almost certainly be considered employees. That is because the work these contractors perform is “integral” to the Postal Service; the Postal Service exercises a high degree of direct and indirect control over these individuals by mandating where and when the work must be done, and the delivery contractors are not exercising significant “skill” or “initiative.”
Ranking Member Cassidy, Kiley Introduce CRA to Overturn New Biden Regulation Threatening 27 Million American Independent Contractors
March 6, 2024 // Independent contractors, or freelancers, make their own hours to fit their schedule and decide where and how they want to work. The Biden administration rule attempts to restrict the ability of American workers to be an independent contractor and take advantage of the flexibility it provides. The rule creates a non-exhaustive, six-factor litmus test for unelected bureaucrats to interpret and decide who is and who is not classified as an independent contractor. It also casts as large a net as possible and gives less legal certainty to independent contractors impacted by the regulation. “The Biden administration’s priority should not be to do whatever makes it easier to forcibly and coercively unionize workers. It should be to increase individual freedom and opportunity,” said Dr. Cassidy. “This new Biden rule does the opposite, jeopardizing 27 million workers’ ability to make their own hours and make a living without being pressured into joining a union.”
Kiley, Cassidy Introduce CRA to Overturn New Biden Regulation Threatening 27 Million American Independent Contractors
March 6, 2024 // “Independent contractors, entrepreneurs, and small businesses are fed up with the Department of Labor continually breathing down their necks,” said Representative Virginia Foxx (R-NC), chairwoman of the House Education and the Workforce Committee. “The bicameral Congressional Review Act resolution led by Representative Kiley and Senator Cassidy offers Congress the opportunity to take a unified stand against the Department’s thirst for more government control over America’s workforce. Entrepreneurial opportunities and flexibility should be encouraged, not extinguished with heavy-handed mandates from the federal government.” “Gavin Newsom and Julie Su’s AB 5 severely restricted independent contracting in California, destroying thousands of livelihoods and harming California’s economy. As Acting Secretary of Labor, Su and the Biden Administration have announced a new Department of Labor rule, modeled after on the same job-killing AB 5 that will cost millions of independent professionals across the country their livelihoods while restricting the freedom of many millions more to have flexible work arrangements. Our legislation under the Congressional Review Act nullifies this terrible regulation and protects independent contractors,” said Representative Kiley. “Washington should support workers, not regulate them into oblivion.”
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.
Ranking Member Cassidy Urges HELP Committee Chair to Hold Hearing on Renomination of Julie Su
February 16, 2024 // I respectfully request that you hold a hearing for Ms. Su’s renomination so that Senators may question her record, and that you hold a public mark-up on her nomination,” continued Dr. Cassidy. “Any other act will circumvent this Committee’s constitutionally mandated advice and consent role for Presidentially-appointed, Senate-confirmed (PAS) positions.”
Commentary: Why we just sued the US Department of Labor
February 6, 2024 // As one of us testified before Congress last year, the Biden administration remains relentless. It’s now attempting a regulatory workaround with the Department of Labor’s independent contractor rule, which, in a cruel twist, was released just days before Mercatus Center research showed that the protesting independent contractors have been right all along. Mercatus found that the California approach not only failed to create unionizable jobs, but actually decreased overall employment by 4.4 percent and self-employment by 10 percent. Mercatus also noted that this happened despite California ultimately exempting more than 100 professions. The new Labor rule exempts none. The department acknowledges there may be “conceptual overlap” with the California law’s most harmful language. We agree. What’s worse is that the Labor rule is so vague, it’s impossible for anyone to know how to operate legally with independent contractors. The Biden administration sees this as a feature, not a bug.
Biden Takes a Destructive California Idea National
February 4, 2024 // The Biden administration appears undeterred by the lessons of recent history. The California law unleashed chaos in the state’s politics and courts. Politicians delegated to union leaders the power to hand out exemptions to politically favored groups. Lawyers, doctors, psychologists, dentists, podiatrists — almost anybody with an advanced degree was exempt. When newspapers editorialized against the new law — noting that they rely on freelance photographers, reporters, editors, designers, and delivery people — they, too, were excluded from the new regulations. Suddenly free from the dead hand of state regulators, the newspapers turned as one and editorialized in favor of the new law. A federal judge said the process was shot through with “corruption,” “backroom dealing,” “pure spite,” and “naked favoritism.” But more important, A.B. 5 crushed tens of thousands of California business owners — those who operate as independent contractors as well as those who employ or otherwise rely on them. Now Biden and Su plan to bring the crazy to every American state.
Chairwoman Foxx, Ranking Member Cassidy Introduce Bill Recouping Pension Bailout Sent for Dead People, Increasing Oversight of Pension System
January 31, 2024 // In November, the Pension Benefit Guaranty Corporation’s (PBGC) Office of Inspector General (OIG) published a report disclosing that the PBGC overpaid the Central States fund by $127 million after the plan included at least 3,479 dead participants in its bailout request. According to the PBGC OIG, the PBGC’s review process did not require cross-checking the plan participant list with the Social Security Administration’s (SSA) Full Death Master File (Full DMF), despite this practice being recommended as a standard procedure by the OIG. As far back as 2018, the OIG instructed PBGC that using the Full DMF is not only crucial, but essential, to prevent overpayments of annuities to people who are already dead. Under questioning from Sen. Cassidy, Teamsters President Sean O’Brien, who represents nearly 350,000 Central States, Southeast and Southwest Areas Pension Fund (Central States Pension Fund) retiree participants, stated that the fund should return $127 million in taxpayer dollars that were wrongfully paid to it. However, the PBGC has indicated it does not intend to recoup this money, even though it has the legal authority to claw back wrongfully obtained funds. Further, the Central States Pension Fund has not returned the overpayment of taxpayer funds and is treating them as a fund asset. We still do not know how much the PBGC has overpaid for ghost annuities in total to all multiemployer pension plans.