Posts tagged Fair Labor Standards Act
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.
Opinion: Amidst inflation, President Biden should refocus his efforts on expanding flexible work careers for Americans
August 9, 2022 // Why is championing flexible work through reforms so important? Independent contractors make up a sizeable portion of the 59 million freelancers in the U.S. economy, employ tens of millions of additional workers under their contracts as small businesses, and are often the entrepreneurs that grow successful new businesses in communities. Modern Worker Empowerment Act, California Supreme Court
BACKGROUNDER Worker Flexibility and Choice Act
July 25, 2022 //
Department of Labor Rule – Coalition Letter
July 22, 2022 // The January 7, 2021 DOL rule has provided clarity to the decades-old economic realities test for the modern workforce, helping to apply determinations in light of the different types of work and technologies used to work and connect with customers today. Instead of removing this clear and sensible standard and attempting to diminish or eliminate independent contracting, we urge you to preserve paths to self-employment that allow tens of millions of working Americans, parents of children with special needs, workers seeking career changes, disabled workers and workers caring for disabled family members, and entrepreneurs growing small businesses of their own to pursue work on their own terms. Brent Wm. Gardner, Brandon Arnold, Grover Norquist, Michael J. Lotito, Greg Sindelar, Krisztina Pusok, Ph. D., The American Consumer, American Legislative Exchange Council, Lisa B. Nelson, Center for Freedom and Prosperity, Andrew F. Quinlan, Robert Fellner, Heather R. Higgins, Independent Women's Voice, Bethany Marcum, Alaska Policy Forum, Mike Stenhouse, Mike Hruby, New Jobs America, Paul Gessing, Rio Grande Foundation, Seton Motley, Less Government, Robert Alt, Steve Delie, Brian Minnich, Daniel Erspamer, Pelican Institute, Eric Peterson, Pelican Center for Technology and Innovation, Randy Hicks, Georgia Center for Opportunity, Alliance for Opportunity, Jeffrey Mazzella, Center for Individual Freedom, Douglas Carswell, Mississippi Center for Public Policy, David Williams, Taxpayers Protection Alliance, Ryan Ellis, Center for a Free Economy, Phil Kerpen, American Commitment, James Taylor, The Heartland Institute, Adam Brandon, FreedomWorks, Elaine Parker, Job Creators Network Foundation, Brandon Dutcher, Oklahoma Council of Public Affairs, Thomas A. Schatz, Citizens Against Government Waste, Justin Owen, Beacon Center of Tennessee, Matthew Kandrach, Consumer Action for a Strong Economy, Charles Mitchell, Commonwealth Foundation, James L. Martin, 60 Plus Association, Saulius “Saul” Anuzis, 60 Plus Association,
As PRO Act Stalls, US Labor Department Rethinks Status of Independent Contractors
July 7, 2022 // “Only a handful of people asked the department to change the rule, and most of them weren’t even independent contractors,” according to Fight For Freelancers cofounder, Jen Singer. “They were union organizers or union members who wouldn’t be affected by any rule change.” Lorena Ortiz-Schneider, founder of CoPTIC America, noted that of the 350-plus attendees of the employer’s panel, the 44 participants who spoke up were mostly small business owners. virtual public forums, American Translators Association, AB 2257, Bill Rivers, Federal Register
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,