Posts tagged Federal Labor Standards Act

    Commentary: The Labor Department Just Freed Contractors—Again. Congress Still Needs To Act.

    April 6, 2026 // Fortunately, at the state level, more durable change is happening. Rather than trying to reclassify workers as employees, numerous states have begun experimenting with what's known as a portable benefits model. Under this framework, independent contractors in the gig economy are given access to SEP IRA–style accounts in which both they and gig companies can contribute. The funds from these accounts follow the contractors from job to job, rather than being tied to a single company, and they can be used for benefits like health insurance, retirement funds, or paid time off.

    Trump Just Saved Thousands of Disabled Americans’ Jobs

    August 5, 2025 // Disability-rights advocates have long insisted that, as a matter of public policy, disabled people’s lives should resemble those of nondisabled people to the greatest extent possible. They have argued, for example, that “segregated” environments, which primarily or exclusively serve disabled people, violate the principle of normalization and ought to be abolished. And for decades, they have called for the repeal of Section 14(c), a provision of the Federal Labor Standards Act (FLSA) of 1938 that allows certified employers to pay disabled workers a subminimum wage commensurate with their productivity. Congress created the 14(c) program to enable people with severe disabilities to remain in the job market after the passage of the federal minimum wage. The Biden administration published a proposed rule in 2024 that would have phased out the program, claiming that it was “no longer necessary to prevent curtailment of employment opportunities.” But last month, the Trump administration announced it was withdrawing the proposal. In doing so, it preserved the jobs of thousands of severely disabled Americans who would have lost one of the staples of a “normal” life.