Posts tagged Fair Labor Standards Act
ATA Expresses Concern Over Labor Secretary Nominee Julie Su
March 17, 2023 // In a letter to U.S. Senate labor leaders, American Trucking Associations President Chris Spear expressed concern about the track record that Labor Secretary nominee Julie Su would bring to the job, specifically as it relates to the rights of truck drivers to be independent contractors. “California’s AB 5, which Ms. Su helped pass and implement as Secretary of the California Labor and Workforce Development Agency, essentially outlaws their business model,” Spear wrote in a letter to Sen. Bernie Sanders, (I-Vt.), chairman of the Senate Committee on Health, Education, Labor and Pensions, and ranking member Bill Cassidy (R-La.). The letter was copied to members of the committee.
FREEDOM FOUNDATION CALLS OUT FEDERAL SCHEMES TO EXPOSE MORE WORKERS TO UNION PRESSURE
January 31, 2023 // The wage and hour requirements of the Fair Labor Standards Act, the excessively complicated regulations of the Wage and Hour Division and the collective bargaining requirements of the National Labor Relations Act all give employers incentives to use independent contractors rather than employees when possible. Oblivious to the role they play in encouraging the use of independent contractors, Biden’s operatives insist the “misclassification” of employees as independent contractors constitutes a national emergency. In fact, a far greater threat is posed by the new regulations to the livelihoods of independent contractors in the gig economy just to appease Biden’s benefactors in Big Labor.
What Home-Based Care Agencies Should Know About The Independent Contractor Proposed Rul
November 29, 2022 // “In other words, just the ability to manage somebody that is not exercised in any way can be considered employment. I think that takes it a step too far. The question should really be about what is actually occurring, not what is possible.”
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.
Biden’s regulatory machine wants to stifle the freedom of the American worker
October 31, 2022 // Frankly, workers are not helpless. They are perfectly capable of choosing their own lifestyles and can evaluate their labor choices along with the compensation and benefits each provides. We currently have an economy in which, for the entirety of 2022, the number of job openings has nearly outnumbered unemployed workers 2-1. If these “gigs” were so horrible, these people would seek other employment. Moreover, the Biden administration’s mandated reclassification would significantly increase the cost of doing business for both small businesses and large companies such as Uber, Doordash, and others that provide unique economic opportunities for gig workers. This heavy-handed regulatory approach will discourage entrepreneurial innovation and result in added costs that will be passed along to the consumer.
A fearful October for entrepreneurs
October 29, 2022 // The National Labor Relations Board (NLRB) is coming after the almost 800,000 franchise owners who employ 8.5 million people. The board’s proposed “Joint Employer” rule, would have catastrophic effects on the franchise industry and restrict the opportunities of small business owners who are franchisees. The NLRB rule would force franchisors — distant corporate headquarters — to come between franchisees and their employees. It would do so by making both the headquarters and the small business employers of workers at the franchisees’ store. Franchisors would become jointly liable for employment issues involving workers or contractors who are employed or “directly controlled” (as the current standard notes) by a small business.
Independent Contracting – Proposed Department of Labor Rule
October 19, 2022 // The Biden Department of Labor (DOL) proposed a new independent contractor rule on October 11, 2022 to address what Secretary Walsh deems “misclassification” of workers. This would replace a current DOL rule from the Trump administration that went into effect in March 2021 – a rule which the Biden administration improperly attempted to rescind that provided clarity to the “economic realities” test used to determine the employment status of workers under the Fair Labor Standards Act (FLSA).
If You Like Your Uber, Can You Keep Your Uber?
October 14, 2022 // Democratic administrations favor having fewer independent contractors and a standardized set of benefits. This gives more power to unions to organize workers. If Uber were the employer of all drivers, a union could ask Uber to support unionizing the labor force. It is practically impossible to organize independent contractors. Public sector unions made 90 percent of their contributions to Democratic candidates in the 2020 election cycle, according to OpenSecrets.com. With the share of wage and salary workers who belong to unions declining from 20 percent in 1983 to 10 percent in 2021, unions are under pressure to recruit more members to fund union officials’ salaries and member pension plans.
Rideshare, retailers brace for tough U.S. independent contractor rule
September 28, 2022 // The meetings at the White House were one-sided, with officials at OIRA letting groups speak and not participating or asking follow-up questions, several employer sources said. They are interpreting that as a sign the Biden administration's mind is made up. Some of the groups have been trying, and failing, to convince the White House that any broad rule would hurt workers who want to remain independent and have flexibility...More than one-third of U.S. workers, or nearly 60 million people, performed some sort of freelance work.