Posts tagged common-law test

    Op-ed / Commentary

    OP-ED: Labor Department’s new independent contractor rule is a mess. We need a clear national standard instead.

    February 2, 2024 // This confusion has serious consequences. Worker classification affects not only minimum wages and overtime, but also fringe benefits, taxes, insurance, liability for injuries, and union organizing. It can even implicate antitrust law. So if a business classifies a worker incorrectly, it can face serious legal penalties. And those penalties aren’t just monetary: some states have even made misclassification a crime. And make no mistake, this isn’t only a problem for companies; it’s a problem for workers too. Look no further than what has happened in California. In 2020, the state changed its classification rules to crack down on supposed misclassification. The state’s goal was to shift workers out of independent contracting and into employment. But not only did contracting dry up, so did employment. A new study shows that more than ten percent of contractors and four percent of employees in the affected professions simply lost their jobs. Businesses were so afraid of the new classification rules that they cut opportunities across the board.

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    Research ● Labor PRO Act Unionization Unions

    BACKGROUNDER: Employee Rights Act

    June 26, 2023 // Sponsored by Rick Allen (R-GA) The Employee Rights Act of 2025 safeguards and strengthens the rights of American workers. It guarantees workers’ right to a secret ballot election, ensures they can work directly with their employer if they opt-out of union membership, protects worker privacy, allows workers to choose to fund union politics or not, provides legal clarity for small business owners and independent contractors, and guarantees fair representation for all American workers.

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    Op-ed / Commentary Research ● Employee Rights Act ERA PRO Act

    Employee Rights Act Would Protect Hardworking Latinos & Expand Freedom for All American Workers

    May 9, 2022 // The LIBRE Initiative supports the ERA and its efforts at protecting American workers from anti-choice legislation like the PRO Act and ensuring that they have the flexibility to succeed in today’s rapidly evolving economy.

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    Op-ed / Commentary ● PRO Act

    Opinion HOFFMAN: Freelancers Shouldn’t Be Regulated Out Of Existence

    March 8, 2022 // Moreover, there’s a disconnect between regulators’ and lawmakers’ perceptions of worker misclassification and reality. The truth is freelancers don’t want to be liberated from independent contracting and saved by labor unions. In fact, most flexible workers reject these assertions as misinformation.

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