Posts tagged employee

    ATA Endorses Modern Worker Empowerment Act

    May 26, 2025 // The ATA official also pointed to a Republican-sponsored bill as a tool meant to reinforce the industry’s support for the Trump-era independent contractor model. The Modern Worker Empowerment Act, introduced by Rep. Kevin Kiley (R-Calif.) in February, would establish a comprehensive test for arriving at a worker classification. “If enacted,” Mehrens explained, “this bill would codify the common-sense framework from the first Trump term to determine whether an individual is an independent contractor or an employee.”

    What was the impact of AB5 on California’s marginalized communities?

    March 31, 2025 // Esther Hermida, a representative of the American Alliance of Professional Translators and Interpreters (AAPTI) testified about AB5’s impact on thousands of citizens in her industry comprised of 75 percent women. One professional translator, Ildiko Santana, reported she started her small business in 2000 as an immigrant and woman of color. She lost all 50 clients and all her income in 2020 when AB5 went into effect.

    Construction groups decry PRO Act’s reintroduction

    March 13, 2025 // “The reintroduction of the PRO Act displays continued disregard for the livelihoods of small business owners, employees and independent contractors,” said Swearingen. “While Congress has long rejected the PRO Act and its provisions, these legislators continue to pursue failed policies and attack business models and fundamental freedoms that have fueled entrepreneurship, job creation and opportunity for the American worker.”

    US labor board bans mandatory anti-union meetings in ruling against Amazon

    November 13, 2024 // The decision could also be overturned by the board when it gains a Republican majority, as the agency often reverses itself after changes in leadership. President-elect Donald Trump could have a Republican-led board in place as soon as next year. At least 10 U.S. states including New York, California, and most recently Alaska have banned captive audience meetings or prohibited employers from disciplining workers who do not attend them. The NLRB said its decision would only be applied moving forward and not to pending cases.

    9th Circuit panel will hear Uber/Postmates case on AB5

    December 22, 2023 // The decision handed down by a three-judge panel in March was notable primarily for its reasoning that Uber and Postmates had been denied equal protection of the law in the process that led to the California approval of AB5, state legislation that required companies that hire independent contractors to reclassify them as employees. Equal protection of the law was the only claim by Uber and Postmates that the appellate panel backed; it supported the lower court rejection of other arguments. The panel cited the statements of then-Assemblywoman Lorena Gonzalez, now a state labor leader but the key driver in turning AB5 into law, as evidence that the move to more tightly define when a worker can legitimately be considered an independent contractor was an effort targeted at gig drivers like those at Uber.

    Commentary: It’s Time to Retire the Labor Law

    June 14, 2023 // Under a neutral public policy, an employer would be able to make a contribution to a pension plan or give access to a health plan to an independent contractor just as easily as to an employee. Finally, we need to treat labor contracts the same way we treat all commercial contracts, unless there is some compelling reason not to. We don’t tell people selling their house or a used car that they cannot sell below a minimum price. We don’t tell people selling their home that if doing so takes more than 40 hours a week, the sales price has to be 50 percent higher. People selling their labor services should enjoy just as much freedom of contract as they have in the sale of any other good or service.

    Truck driver Dee Sova on moving her business out of California: It was financially ‘worth it’

    February 6, 2023 // Truck driver Dee Sova explains her decision to move her business out of California following the statewide ban of independent truck drivers on ‘Varney & Co.’

    Taking the ‘Free’ Out of ‘Freelance’

    November 3, 2022 // ...the Biden administration’s recent broadside against independent work, in the form of a new Department of Labor proposed rule for determining when a worker is properly classified as a contractor or an “employee” under the Fair Labor Standards Act (and thus subject to minimum wage, overtime, and other labor regulations). The rule is complicated and still preliminary, but most experts agree on its objective and likely result: to make it more difficult for workers to be classified as independent and thus to force many of them to be reclassified as employees, whether they like it or not.