Posts tagged Fair Labor Standards Act
Opinion: Biden must reverse course and protect independent contractors
June 17, 2022 // With this new rulemaking period, the administration has a chance to turn the page on its stridently anti-independent contractor stance. Any new rules should protect the right of Americans to make a living outside of a traditional employment relationship. Under current law, there are two ways an individual can have a relationship with someone that is paying you. The first is an employee, where a person that is paying the individual has total control over how, when, and where the work is being done.
Fact Checking Secretary Walsh
June 14, 2022 // Labor Secretary Marty Walsh will make some big claims at this morning’s Education and Labor Committee hearing. Education and Labor Committee Republicans is setting the record straight: Industry-Recognized Apprenticeship Programs, Pension Benefit Guaranty Corporation, multiemployer pension plans, Federal Drug Administration,
Biden Administration Continues Waging War on Freelancing
June 10, 2022 // The U.S. District Court for the Eastern District of Texas ruled the department violated the Administrative Procedure Act of 1946 by only offering a 19-day comment period on the “delayed” IC rule. Governmental agencies must allow 30-60 notice-and-comment periods. The Coalition for Workforce Innovation et al. v. Walsh decision reads like this, “Having vacated the Delay Rule, the court turns to the Withdrawal Rule. Plaintiffs claim that the Withdrawal Rule is arbitrary and capricious, in violation of the APA. Again, the court agrees.”
Illinois Excludes Employees Subject to CBA Provisions from ‘One Day Rest in Seven’ Requirements
June 8, 2022 // Illinois had amended its “One Day Rest in Seven” Act (ODRISA) to impose additional meal period, day of rest, and notice requirements on employers, and to significantly increase the potential civil penalties for violations of the Act (see our article, Illinois Amends ‘One Day Rest in Seven’ Law, With Significant Revisions). A companion bill to these amendments, signed by Governor J.B. Pritzker on May 27, 2022, adds to the list of employees exempt from the law’s day-of-rest requirements those “for whom work hours, days of work, and rest periods are established through the collective bargaining process.” ODRISA,
Foxx Torches DOL’s Move to Quash Independent Contractors
June 3, 2022 // “Stripping independent contractors of entrepreneurial opportunities and flexibility reeks of bureaucratic rot. The DOL acts as if hardworking Americans are not to be trusted with how they choose to live their lives. If our country’s workforce is to make a comeback, the federal government should be far removed.”
Wage Theft Prevention and Wage Theft Recovery Backgrounder
May 18, 2022 // “Unfortunately, even if H.R. 7701 is well intended, this legislation applies heavy-handed stipulations, stifling costs, is an unwarranted expansion of DOL powers, and grants government policing powers to special interest groups like unions. It would do more to undermine American workers and businesses than it could ever do to address legitimate instances of improper wages and payments.”
Gig Economy May See Tougher Contractor Rule After Court Victory
March 18, 2022 // “If David Weil were to be confirmed, there’s little doubt as to how he feels about the independent contractor issue with respect to the AI that he issued,” Lotito said. While the agency’s day-to-day work under acting administrator Jessica Looman doesn’t depend on a Senate-confirmed leader, the absence of a permanent administrator can slow down the agency’s ability to advance large policy changes.
CWI APPLAUDS FINAL INDEPENDENT CONTRACTOR RULE
March 16, 2022 // The Department’s first of its kind final rule modernizes the “economic realities” test to define whether a worker should be classified as an independent contractor. The Coalition for Workforce Innovation (CWI) strongly supports the final rule as an important step in providing needed clarity to businesses and independent workers in structuring and maintaining their relationships.
Opinion HOFFMAN: Freelancers Shouldn’t Be Regulated Out Of Existence
March 8, 2022 // Moreover, there’s a disconnect between regulators’ and lawmakers’ perceptions of worker misclassification and reality. The truth is freelancers don’t want to be liberated from independent contracting and saved by labor unions. In fact, most flexible workers reject these assertions as misinformation.
U.S. Labor Agencies Strike Deal to Share Enforcement Information
January 7, 2022 // The U.S. Department of Labor’s wage regulator and the National Labor Relations Board have struck an agreement to collaborate on investigations and share information on potential violations of law, specifically targeting independent contractor misclassification and retaliation against workers.