Posts tagged Department of Labor
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.”
Small Businesses File Lawsuit Challenging DOL’s Independent Contractor Rule
March 5, 2024 // NFIB opposed DOL’s 2024 final rule on independent contractors, arguing that the rule further complicates the worker classification process for small businesses. Small business owners supported the 2021 rule, which offered a straightforward test for determining who is and is not an independent contractor. NFIB filed the complaint with the Coalition for Workforce Innovation, Associated Builders and Contractors of Southeast Texas, Associated Builders and Contractors, Inc., Financial Services Institute, Inc., Chamber of the Commerce of the United States, National Retail Federation, and American Trucking Associations.
Mob boss sentenced for shaking down Queens-based construction union: Feds
February 29, 2024 // In one consensually recorded conversation, Ricciardo threatened to kill the senior union official, stating that the official would continue to obey him because he knew Ricciardo would “put him in the ground right in front of his wife and kids, right in front of his F**king house, you laugh all you want pal, I’m not afraid to go to jail, let me tell you something, to prove a point? I would f**king shoot him right in front of his wife and kids, call the police, f**k it, let me go, how long you think I’m gonna last anyway?” Ricciardo also worked with Bonanno crime family soldier John Ragano, another resident of Franklin Square also known as “Bazoo” and the “Maniac,” in a scheme to issue fraudulent workplace safety training certifications from two occupational safety schools Ragano purported to operate on Long Island. John Glover and Domenick Ricciardo
Commentary: Julie Su again headed toward DOL confirmation, trucking still opposed
February 28, 2024 // "No matter how many times she’s renominated, Julie Su’s record remains a huge red flag for our industry and any senator concerned about radical policies from California becoming federal law," said ATA President and CEO Chris Spear. "The independent contractor rule she just finalized as acting secretary undermines the livelihoods of 350,000 professional truck drivers across our country who choose to run their own small businesses, and she needs to answer for it."
Commentary: New Research Exposes Flaws in California’s Independent Contractor Law
February 28, 2024 // The theory behind both AB-5 and the DOL’s recently finalized regulation for classifying independent contractors or employees under the Fair Labor Standards Act is the same: by making it harder to maintain independent contractor relationships, independent contractors will be converted into traditional employees. The Mercatus study suggests this theory has failed in California. The question is whether DOL has learned anything from that example.
How the New Independent Contractor Rule Could Impact the Senior Care Gig Economy
February 27, 2024 // einer notes that the rule’s implementation follows a general movement throughout the country that is making it much harder for employers or businesses to classify workers as independent contractors. “However, since it’s a rule and not a statute, courts don’t necessarily have to follow it,” he says, although federal courts are inclined to follow guidance and rules issued by USDOL. “When the USDOL conducts an audit, they’re going to follow their own rules and guidance,” Weiner says. “Once you’re under an investigation by USDOL, you’re under their control. But because this rule has yet to go into effect, we don’t know necessarily what the overall real-world implications are.”
Biden’s new rule on independent contractors wages war on workers, women and entrepreneurs
February 26, 2024 // In the past year alone, 64 million Americans freelanced, half of whom were women. Women choose independent contractor status because of the flexibility it affords them, a particularly important factor for those raising children or aiding in caring for parents or other family members. Ninety-two percent of female workers prioritize flexibility over stability when it comes to their careers. Flexibility in the workplace is no longer a commodity, it is a necessity.
Opinion: The Biden Administration Should Look to Virginia Democrats For a Better Way to Help Gig Workers
February 25, 2024 // The concept of coupling the protection of contracting status with a flexible benefits system is an idea that also should appeal to right-leaning policymakers. That’s because such an approach not only helps businesses, but stands to benefit workers by preserving the entrepreneurial flexibility they desire as independent contractors. In addition to this flexibility, it likewise provides workplace protections and benefits that can help these workers weather the exigencies of life—all without the harmful negative impacts of widespread worker reclassification. According to our sources, local Virginia labor unions initially expressed interest in this Democrat-introduced portable benefits model, only to catch flak from their national parent organizations who pressured them to reverse course. Unfortunately, the influence of the national labor brass appears to have doomed the bill for now, although its mere existence suggests that Democratic lawmakers are starting to buck the party’s consensus on worker reclassification.
COLORADO: Stephen Varela investigated for alleged misuse of union funds
February 23, 2024 // When Stephen Varela became president in 2016 of the American Federation of Government Employees Local 2430 in southern Colorado, former union officers say one of the first things he did was ask the bank for a debit card for the union’s account. Local 2430, a union representing U.S. Department of Veterans Affairs employees, explicitly states in its bylaws that its president and treasurer must both sign checks covering any union expenditures. That way there can be oversight of union money and how it’s spent. Debit cards are not normally allowed.
House Committee Grills Labor Chief Over Independent Contractor Crackdown
February 22, 2024 // Chair Kiley called upon the committee members to address Looman with their questions or comments. Administrator Loomis could not, or did not, choose to answer many of the questions asked such as Chair Kiley’s questions about different occupations (real estate brokers, truckers, journalists) who would be classified as an independent contractor under the new rule. Looman not only appeared to be unfamiliar with the language within the 339 pages of the rule but also was unaware (or pretended to be) that the rule is written in such a way that classifying any profession as anything other than an employee is next to impossible.