Posts tagged DEBORAH ABRAMS KAPLAN
Freelancers Aim to Overcome Legal Setback Against Biden-Harris IC Rule
October 28, 2024 // Four additional federal lawsuits against the DOL’s rule are pending, including cases in Texas, New Mexico, Louisiana, and Tennessee. In several of these cases, the plaintiffs are companies suing from the position of hiring entities, which legal experts believe might better position them to overcome the standing hurdle.
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.