Posts tagged Congressional Review Act
‘Independent Contractor’ Rule Latest Dumpster Fire Exported From California
January 31, 2024 // One of those infamous policies and the havoc it’s bound to wreak has gone national, thanks to labor department rules issued by the Biden administration. A 339-page Department of Labor rule – you can always count on the federal government to keep it pithy – would make it much harder to be an independent contractor or freelance worker in America. Created to replace a simpler Trump-era rule, it’s modeled on AB5, a disastrous 2019 California law that made independent contracting and freelance work so hard to do that it effectively outlawed it in the Golden State.
New Research Quantifies Harms To Independent Contractors Of California’s AB5
January 23, 2024 // Despite AB5 proponents’ claims that the law would increase full-time employment and offer benefits and protections, the researchers found “robust evidence that AB5 is significantly associated with a decline in self-employment and a decline in overall employment.” · AB5 reduced the level of self-employment by 6.7 percentage points to 28%. · AB5 reduced the level of overall employment by 7.3 percentage points to 14%. · The researchers did not find significant evidence that AB5 increased W-2 employment.
Opinion: Biden adds to his ‘Bidenomics’ flop: This new rule throws wrench in popular gig economy.
January 22, 2024 // Biden promised to be the “most pro-union president you’ve ever seen,” so he needs to reward all those campaign donations. And Biden’s doing it regardless of the impact on the economy. Independent contractors cannot be unionized, so the more companies lean on these workers, the less ability unions have to organize. It’s really that simple. The Biden administration is trying to sell its new rule as a way to protect workers and make it easier for them to qualify for benefits such as overtime pay and paid time off.
US House Votes to Repeal Labor Board Rule on Contract, Franchise Workers
January 16, 2024 // The Republican-led U.S. House of Representatives on Friday voted to repeal a federal labor board rule set to take effect in February that would treat companies as the employers of many contract and franchise workers and require them to bargain with those workers’ unions. The House voted 206-177 to nix the National Labor Relations Board (NLRB) rule, which has been heavily criticized by business groups. The vote sends the proposal to the Senate where Democrats hold a one-seat majority but Senator Joe Manchin, a Democrat from West Virginia, has said he opposes the rule.
Commentary: Biden’s Independent-Contracting Rule Destroys Worker Independence
January 16, 2024 // A recent regulatory change by the Biden administration is so poorly designed, there’s no telling exactly how many workers will be hurt.
Opinion: NLRB says ‘common law’ — and common sense — defines joint employers
December 5, 2023 // The mandate, to take effect Dec. 26, says when two employers — think a local McDonald’s franchise and McDonald’s headquarters in Chicago — control a worker’s toil, from wages and hours to duties and work rules to hiring and firing to uniforms and training, then both are responsible for obeying or breaking Labor law. And that means it should be easier for workers to organize and bargain without being bounced from pillar to post when it comes to whom to bargain with. Using that same “basic common sense” explanation, AFL-CIO President Liz Shuler called the new rule “an important win” for workers.
New federal rule could allow millions of workers to more easily unionize at big companies
November 16, 2023 // The rule only applies to labor relations. The Department of Labor sets its own joint employment standards for issues like meeting minimum wage requirements. Still, the new rule could have a major impact. Local franchise owners employ more than 8 million people in the U.S., according to the International Franchise Association. Millions more work for subcontractors or temporary agencies.
Biden ESG rule survives challenge from 25 red states
September 24, 2023 // Kacsmaryk’s 14-page ruling rejects the red states’ argument that the environmental and sustainable governance (ESG) rule violates the Administrative Procedure Act and the Employment Retirement Income Security Act, which regulates retirement plans. He wrote that the Biden administration rule still complies with those statutes, because it prioritizes financial considerations over environmental ones and thus has no “overarching regulatory bias in favor of ESG strategies.” “[W]hile the Court is not unsympathetic to Plaintiffs’ concerns over ESG investing trends, it need not condone ESG investing generally or ultimately agree with the Rule to reach this conclusion,” he wrote.
House attempt to override Biden comes up short Labor Department regulation regarding ESG investments will stand
March 24, 2023 // "Thanks to Democrats, workers can be placed into ESG investment vehicles by default, and if a fiduciary finds that two investments are equal, the fiduciary is allowed to use collateral ESG factors to break the tie, without justifying or documenting that decision,” Education and the Workforce Chairwoman Virginia Foxx, a North Carolina Republican, said during the floor debate on the veto message.
Biden set for first veto on Senate bill opposing climate-friendly investing
March 2, 2023 // President Biden is expected to issue the first veto of his presidency after the Senate passed a bill Wednesday that would revoke a Labor Department rule allowing the managers of the agency’s vast retirement funds to use climate-oriented and social criteria when making investments. The Senate passed the measure after Sens. Jon Tester (D-Mont.) and Joe Manchin III (D-W.Va.) crossed party lines and joined the Republicans, providing the key pieces of the 50-46 majority needed. Both senators are up for reelection next year in heavily Republican states. Four senators abstained. The House passed the bill on Tuesday. The measure takes aim at big asset managers who often use criteria that they believe are crucial for building a portfolio that can withstand changes, especially climate changes, over the coming years. These criteria are known as ESG — environmental, social and governance — and have become sensitive political and cultural touchstones, with critics calling them evidence of “woke” financial institutions.