Posts tagged flexible work

    Biden’s war on work undermines the American dream

    February 6, 2024 // Biden’s Labor Department rule pursues the same goals as AB 5 and would put the monthly incomes of tens of millions of people — disproportionately women (especially mothers) and minorities — at risk.

    California’s Attack on Gig Work Predictably Drove Workers Out of Jobs

    January 19, 2024 // Last week, the DOL announced a new set of rules for determining whether a worker is an employee or an independent contractor. Like with California's A.B. 5, those proposed federal rules are meant to crack down on what the government sees as a deliberate effort to misclassify workers as contractors—which can change, among other things, the benefits that an employer is obligated to pay. Most gig workers and independent contractors are content with their more flexible, less structured employment arrangements—so in some sense, these governmental efforts seem to be trying to save workers from their own choices.

    How the Administration’s Overtime Rule Could Cost Workers More Than They Gain—Including Flexibility and Income Security

    December 20, 2023 // The Biden Administration’s proposed 69 percent increase in the overtime-salary threshold would significantly affect millions of American workers and employers. While intended to increase the pay of some workers, the proposed overtime rule would almost certainly impose significantly higher costs than benefits, including higher prices for consumers, lower family incomes, and reduced overall employment. Instead of higher pay, workers could get reduced hours, irregular schedules and paychecks, a loss of workplace benefits, and the end of flexible and remote-work opportunities. These consequences will disproportionately affect workers in lower-cost areas, as well as female, black, and Hispanic workers. Instead of imposing costly new regulations, Congress should enact policies that open doors to rising incomes and flexible work opportunities.

    Will Biden Labor Nominee Julie Su Suffocate the Gig Economy?

    October 13, 2023 // Su, and other progressives like Federal Trade Commissioner Lina Khan, want to force a 20th century model of a heavily regulated and controlled labor market on the 21st century gig economy. They also want to impose 20th century style trade unionism, replete with mandatory union dues that (coincidentally I am sure) can in part be used to support progressive candidates and causes in the gig workforce. This is one reason why a bipartisan majority of the Senate is right to oppose Su’s nomination, and why President Biden was wrong to nominate her as Labor Secretary, and certainly wrong to defy the will of the Senate by keeping her as acting Secretary for an indefinite period of time. Biden should pick a new nominee. While no one nominated by Biden will support a free-market labor policy, the nominee should at least understand that massive federal regulations on the labor markets and compulsory unionism are relics that do not fit the economy of the future.

    Despite rising number of strikes, union memberships remains low

    September 7, 2023 // While the rate of work stoppages in 2023 is on pace to break the record set last year, union membership is still lagging at a record-low. So far, there have been 251 strikes in 2023, compared to 417 in 2022, according to data compiled by Cornell University’s Labor Action Tracker. Last year’s 10.1% unionization rate was the lowest on record, however, and workers have a long way to go to reach the 20% rates not seen in 20 years. While no comprehensive data exists detailing the success rate of recent worker strikes or labor disputes nationwide, some union workers have gotten their way this year.

    Biden administration working overtime to regulate working overtime

    September 5, 2023 // ederal law says employees must be paid time and a half once they work more than 40 hours in a week. However, businesses may exempt workers from the requirement if their duties are “managerial” in nature and they reach a certain salary threshold. Currently, workers had to earn at least $35,500 annually before they were covered. The new rule, which goes into effect at the end of the year, raises that by almost $20,000. The administration estimates this would extend the rule to 3.6 million additional workers. The problem with the change is that it limits employers’ ability to work out alternate arrangements with employees where they work more than 40 hours in exchange for some other consideration, such as additional time off on other weeks. Under the new rule, employers are more likely to simply cut hours than to have to pay overtime at all.

    BOARD DEFIES FEDERAL APPEALS COURT IN DECISION THAT THREATENS FREELANCERS, INDEPENDENT CONTRACTORS ACROSS NATION

    June 15, 2023 // “In today’s decision, the Board reinstates a test for determining employment status that was explicitly rejected by the US Court of Appeals for the DC Circuit. The Board’s decision will force workers into work arrangements they do not want – all for the sake of giving unions new potential members. With this decision, the Board has chosen to ignore the concerns raised by the employer and freelance communities, and its actions threaten to destabilize a number of industries and deprive many independent contractors of the flexible work methods and entrepreneurial opportunities they value. “The Board’s actions are all part of the Biden administration’s war against small businesses and entrepreneurs and will invite confusion and litigation. As we explained in our amicus brief, the NLRB should continue to follow the standard set in SuperShuttle DFW and emphasize the significance of entrepreneurial opportunity when considering a worker’s proper classification.”

    Opinion: American workers face war on right to earn a living

    May 16, 2023 // The war on independent work harms the most vulnerable in society. We’ve seen it play out in California, with countless stories of livelihoods destroyed. It is no surprise, then, that hundreds of economists, as well as the California NAACP, Black Chamber of Commerce, and Hispanic Chamber of Commerce opposed efforts to limit independent work. With an estimated 50 percent of the nation’s Latino community and 40 percent of the black community engaged in independent work, a national effort to limit these arrangements could put at risk the livelihoods and net income of 20 million workers from these communities.