Posts tagged employer
Reforms to Mitigate the Wage Effects of Employer Health Coverage
April 28, 2025 // Congress also should go beyond redistribution and reform ESI to slow premium growth in future years. While ESI has many positive characteristics, individual employers struggle to control costs. Even large employers lack the scale to change how medical services are delivered to patients, and many companies do not want to upset their workers with more restrictive health coverage than is the norm among their competitors. The solution to this collective action problem is to establish rules for all ESI plans that push the entire market toward more cost discipline. For instance, ESI coverage should incentivize strong price competition by sharing savings with plan enrollees who select lower-priced suppliers of services. Employers also should offer to their workers at least one health plan which meets strict criteria for high-quality and low-cost care.
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.”
Backgrounder: Modern Worker Security Act
March 7, 2025 // Rep. Kiley’s legislation would ensure that the offer of portable benefits by companies would not be a factor in any calculation regarding the classification of a worker under “any federal law”—including the FLSA. The legislation defines portable benefits as a work-related benefit that stays with the worker regardless of whether they continue to perform work for that individual. Such work-related benefits can include “workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, income security, and short-term saving” or financial contributions toward such coverage—or a combination thereof.
Commentary: Why does the US have it in for gig workers?
February 9, 2025 // There’s no argument that the gig economy has surged dramatically, particularly since the pandemic. More than 20m new businesses have launched since 2020, the great majority of those representing side hustlers, independent contractors and freelancers. According to data reported in Forbes, an estimated 64 million Americans, representing 38% of the US workforce, did freelance work in 2023, which is up by 4 million people over the previous year, and contributed almost $1.3tn in annual earnings to the US economy. Is the IRS that fearful over the loss of tax revenues? As a business owner, I don’t pay employer taxes when I hire freelancers. But the freelancer is responsible for paying a “self-employment” tax when they file their tax returns, so if they’re doing what they’re supposed to do, there shouldn’t be much difference. Most states have similar tax arrangements. If a taxpayer fails to report those earnings, then that’s on them. They’re breaking the law and risk penalties or even prison.
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.
Foxx Reacts to Latest Biden-Harris Attack on Employer-Employee Relationship
November 13, 2024 //
Opinion: Protect workers by preventing union neutrality agreements
February 21, 2024 // A neutrality agreement is a contract between a union and an employer that typically forbids employers from communicating with employees about the unionization effort or the union behind it. This includes not discussing with workers the viability of any promises the union makes, the accuracy of information provided by the union, or details about the union’s record. Employers that sign neutrality agreements are even precluded from answering employees’ basic questions about how the bargaining process works. So in short, these deceptively named neutrality agreements are anything but. Employers are not actually asked to be neutral, but instead to leave employees in the dark about the choice they face.
Franchisors may be more liable for employees under broadened joint employer rule
October 26, 2023 // The National Labor Relations Board just issued a final labor rule that broadens the joint employer rule to make companies jointly liable with their franchisees for labor terms and conditions such as union contracts, pay, scheduling, and more, reviving an Obama-era rule that was limited in scope during the Trump Administration. Moving forward, franchisors will likely need to become more involved in creating and enforcing workplace policies, something that previously was left mainly up to franchisees. According to the National Labor Relations Board, this is a legal course correction back to the way the joint employer rule originally worked. Related: Appeal of McDonald's joint employer settlement denied by Labor board “The Board’s new joint-employer standard reflects both a legally correct return to common-law principles and a practical approach to ensuring that the entities effectively exercising control over workers’ critical terms of employment respect their bargaining obligations under the NLRA,” NLRB chairman Lauren McFerran said in a statement. “While the final rule establishes a uniform joint-employer standard, the board will still conduct a fact-specific analysis on a case-by-case basis to determine whether two or more employers meet the standard.” Trade organizations and business groups have pushed back against the ruling, with the National Restaurant Association and Restaurant Law Center, stating that it will “create chaos and legal questions” across the industry, as restaurants with franchisees try to figure out how to change their operational policies to fit the new rule. Related: NLRB to rule on joint employer status by summer “Today’s final rule on joint employer is a heavy blow to small business restaurant operators,” Sean Kennedy, executive vice president for Public Affairs at the National Restaurant Association said in a statement, adding that almost one-third of the restaurant industry would be affected by this rule. “The rule upends employment policy, adopting a far-fetched definition of ‘employer’ based on ‘indirect or potential influence’ of an employee and then fails to define how ‘indirect control’ will count toward a joint employer relationship.” The previous rule, which was finalized by the Department of Labor under the Trump administration in Jan. 2020, adopted a four-part test for assessing whether a company is a joint employer of another company’s workers, like the franchisor-franchisee relationship. Previously, companies were given joint employer status if they exercised “direct and immediate control” over the key terms of another organization's employees, like a franchisee. Now, that definition has been expanded to companies jointly classified as "sharing or co-determining” employment terms (like pay, scheduling, workplace rules, etc.).
Popular Union-Busting Tactic Banned in New York in ‘Major Victory’
September 7, 2023 // New York has banned captive audience meetings, a popular union-busting tactic used by companies during organizing periods to disseminate anti-union information. Governor Kathy Hochul signed the bill on Wednesday morning, making the state the fifth in the U.S. to make such meetings illegal. “This legislation will help to ensure that all New Yorkers receive the benefits and protections that allow them to work with dignity,” Hochul said in a statement on Wednesday. “My administration is committed to making our state the most worker-friendly state in the nation, and I thank the bill sponsors for their partnership in our mission to establish the strongest and most robust protections right here in New York.”
Stanford University graduate workers succeed in unionizing
July 11, 2023 //