Posts tagged Fair Labor Standards Act
Op-ed: Biden’s Last Labor Stand: Honoring the First Female Secretary of Labor While Propping Up His Failed One
December 17, 2024 // Biden even attempted to appoint a radical progressive incompetent to the post of United States Secretary of Labor and as much as bragged about this in this speech. What Biden failed to note is that Acting Labor Secretary Julie Su was never confirmed by the Senate, because she is that incompetent. Yet, Su was there anyway, praised and introduced by the first female president of the AFL-CIO, Liz Shuler, who credited Su with turning "the Department of Labor into a true House of Labor." A house of labor that has tacitly excluded and targeted the more than 64 million independent professionals and small businesses; but, apples and oranges.
District Court Blocks Implementation of Overtime Final Rule for State Employees in Texas
July 8, 2024 // For now, however, the rule is in effect. As of July 1, 2024, the minimum salary threshold of the overtime pay regulations is set at $43,888, while the threshold for highly compensated employees is now $132,964. The next round of increases is scheduled to go into effect on January 1, 2025. Additionally, in another case challenging the rule, the U.S. District Court for the Northern District of Texas rejected software company Flint Avenue’s request for an injunction to block implementation of the rule nationwide. The court ruled that the company had not shown it would face irreparable harm if the rule went into effect, so it was not entitled to a preliminary injunction. The Northern District’s decision does not impact the Eastern District’s order, however.
Freelancers sue over new rules on independent contractors
July 8, 2024 // “It really coerces a lot of companies to try to put people, put workers in the employee box just so that they can be sure that they have their bases covered,” says Wen Fa, an attorney and vice president of legal affairs at the Beacon Center of Tennessee, a nonprofit think tank that advocates for individual rights and free market public policies. “Ultimately, what we’re fighting for is the right to freelance.” Fa is representing Margaret Littman and Jennifer Chesak — Nashville-based freelance writers and authors whose bylines collectively include The Washington Post, Men’s Health, National Geographic, and Condé Nast Traveler.
Independent contractor classification still murky under new DOL rule
July 8, 2024 // Bill Webb, executive director for the Coalition for Independent Truckers, is skeptical. “To me, it’s just another one of those deaths by 1000 cuts for the independent contractor model,” he said. He believes this year’s November election will be crucial in retaining the current model. “(The DOL rule) does clearly change from a true AB5 model to something a little muddier,
Frisard’s Transportation v. Department of Labor
June 26, 2024 // And the rule affects far more than the 350,000 owner-operator truckers that operate across the nation. It will affect 70 million freelancers in industries across the country, pushing them towards an employment status when 80% of them want to be independent. Similar legislation in California led to a loss of over 10% of freelancers. With the help of the Pelican Institute, Frisard’s has filed a lawsuit against the Department of Labor, arguing that the new rule is arbitrary and exceeds the department’s statutory authority. The company asserts that the rule undermines the certainty businesses and independent contractors need to operate efficiently and is inconsistent with the Fair Labor Standards Act and precedent set by the U.S. Supreme Court and the Fifth Circuit.
How changes to ‘noncompete’ agreements and overtime could affect workers
April 26, 2024 // They’ll also have to determine how they will budget for the extra pay for overtime. Small businesses will have the toughest time. “Some are going to have to cut workers,” Hollis said. “Others will have to cut hours from existing workers. “Some are going to have to raise prices, and some probably won’t be able to figure out a way to make it economically work and wind up having to shut down, unfortunately.”
Opinion: New Labor rule will harm freelance work under the guise of helping workers
March 22, 2024 // In crafting solutions, it is crucial to maintain a focus on protecting vulnerable workers while also supporting innovation and maintaining the flexibility that has become a hallmark of the American economy. Collaborative efforts between businesses, labor organizations, and policymakers can pave the way for regulations that uphold fair labor standards without shutting down economic growth and individual autonomy.
Op-ed: Congress tries to destroy working women’s flexibility
March 12, 2024 // Flexibility is valued by all workers, but more so for women. Women are more likely than men to prioritize hours and job location. A clear gender gap exists between men and women over compensation preferences: Women are flexibility maximizers, and men are pay maximizers. For millions of women, a W-2 job, even if hybrid or fully remote, cannot provide the level of flexibility they need to balance priorities such as raising children, managing a disability or illness, or caring for an aging parent. Consequently, over half of the nation’s 70 million-plus freelancers are women.
New Law Redefines Employees and Contractors
March 7, 2024 // Data suggest worker misclassification may be the exception rather than the rule in many industries. Surveys consistently show that most independent contractors prefer their independence. Around 79% of them prefer their arrangement over a traditional job, according to the U.S. Bureau of Labor Statistics, while fewer than one in 10 contractors want a traditional work arrangement. "Since a lot of older Americans do seek out these flexible forms of work as they near retirement — or after — this rule will likely lead to reduced work opportunities for them." Implemented in 2020 when acting U.S. Labor Secretary Su was California's labor commissioner, California's Assembly Bill 5, or AB5, similarly set out to protect workers by getting more people on the payrolls. But many Californians working as legitimate contractors suddenly lost income after businesses and nonprofits stopped working with them as freelancers and didn't hire them as employees.
Opinion: Biden rule threatens to throw independent contracting into disarray
March 6, 2024 // For example, the U.S. Postal Service uses 7,900 contracted delivery services to reach about 3 million of its delivery points. The plainclothes carrier who delivers mail via her personal vehicle to my home in Shenandoah, Va., is presumably one of these contract drivers. Under the Biden administration’s new rule, she and potentially thousands of individuals like her would almost certainly be considered employees. That is because the work these contractors perform is “integral” to the Postal Service; the Postal Service exercises a high degree of direct and indirect control over these individuals by mandating where and when the work must be done, and the delivery contractors are not exercising significant “skill” or “initiative.”