Posts tagged employee classification
Truckers tell Ninth Circuit that California law unfairly bans independent contractor drivers
April 10, 2025 // Though a business-to-business exemption is available under the law, the association says members can't apply because they have to follow contradictory federal law that says trucking companies need to have exclusive control over trucks involved in interstate commerce. “One of the requirements of the business-to-business exemption is that the worker be free from the control of the business. Leased owner-operators in inter-state commerce must comply with federal regulations called the Truth In Leasing regulations which require the motor carrier to have exclusive possession and control of the vehicle and the operation of that vehicle in inter-state commerce. Whatever the scope of that control is it can’t be squared with the B2B requirement that the worker be free from control. It’s irreconcilable,” Cullen said.
Commentary: Melissa Melendez And Kevin Kiley: Learn From California’s Disastrous Contractor Rule
March 18, 2024 // According to a brand new study from the Mercatus Center, self-employment in affected industries has declined by a stunning 10.5% in California. Proponents had argued that these workers would simply be “reclassified” as full-time employees, but for many, that has not been the case. The same study found an overall 4.4% decline in employment in the industries that didn’t manage to get an exemption. Amidst these disastrous results, it is still unclear who has actually been helped by the new regime.
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.
New IC rule will have ‘unintended consequences’
January 23, 2024 // For Jim Burg, owner of Warren, Michigan-based James Burg Trucking Company, being an independent operator helped him build his business, and he views being an owner-operator as a potential stepping stone for others wanting to do the same. Burg started his company in 1984 with one truck as an independent contractor. His company is now a 94-truck operation with a terminal in Michigan City, Indiana. His trucks primarily haul steel for the automotive and manufacturing industries. "I drove over 1.2 million miles during the early years of my company's existence. Being an IC gave me the experience to understand the trucking industry and how to run a business, Burg recalled, "and it allowed me to gain knowledge of both as I set out to establish my own company."
Biden Administration Launches War On Working Women With New Labor Rule
January 11, 2024 // The entrepreneurial spirit in America is under attack from an administration that seeks to force as many people as possible into traditional unionizable jobs against their wishes.”