Posts tagged Freelancers
Commentary: New Biden ‘Joint Employer’ regulation is a boon for unions
November 13, 2023 // In short, joint employment is a possible means for unions to organize major corporations all at once, rather than the piecemeal process of organizing workers at one location at a time. Incidentally, two of the board’s three Democrat majority members are David Prouty, former general counsel of the service employee union UNITE HERE, and Gwynne Wilcox, a former lawyer for the Service Employees International Union. Chairwoman Lauren McFerran served as a staffer of former Sen. Tom Harkin, a longtime union ally.
Minnesota’s Misguided Crackdown Of Independent Contractors
November 1, 2023 // Much to the chagrin of Minnesota regulators, rideshare drivers overwhelmingly identify as independent contractors and not employees. Uber and Lyft drivers have, instead, advocated for portable benefits as a means to insulate themselves from forced reclassification. Utah recently became the first state to pass this reform, while states like Massachusetts are mulling similar bills and will also have an opportunity to vote on a 2024 ballot measure to maintain their IC status. Minnesota should study California Assembly Bill 5 and similar efforts that displaced workers and left them worse off under the guise of “fighting” misclassification.
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.
A union strike interrupts Minnesota United’s final game of season in St. Paul
October 9, 2023 // The local chapter of the IATSE has contracts with the Twins, Timberwolves, Wild, Bally Sports North, the Big Ten Network and other crewing contractors, Cushing said. They have voted down only one previous recent contract with Bally Sports North, but agreed and ratified a second offer. The Bally deal, Cushing said, also had 4% wage increases. On Saturday, MNUFC was able to cobble together enough crew to film and upload a stream to MLSSoccer.com and clips to air Apple TV’s highlight show and online.
Behind the AI boom, an army of overseas workers in ‘digital sweatshops’
August 31, 2023 // In the Philippines, one of the world’s biggest destinations for outsourced digital work, former employees say that at least 10,000 of these workers do this labor on a platform called Remotasks, which is owned by the $7 billion San Francisco start-up Scale AI. Scale AI has paid workers at extremely low rates, routinely delayed or withheld payments and provided few channels for workers to seek recourse, according to interviews with workers, internal company messages and payment records, and financial statements. Rights groups and labor researchers say Scale AI is among a number of American AI companies that have not abided by basic labor standards for their workers abroad.
Opinion Scherer: Government scrutiny of ‘gig workers’ Is misplaced
August 23, 2023 // The Labor Department published a Notice of Proposed Rulemaking on the subject last year, but a final rule isn’t expected until October. Legal experts rightly criticized the proposed rule as an “ABC test in sheep’s clothing.” By this, they mean the rule seeks to mimic a 2018 California Supreme Court test known as the ABC Test, which made it more difficult for companies to hire workers as independent contractors. While it is impossible to know what Labor’s final rule will look like, final rules don’t typically differ significantly from proposed rules, making the prospect of an impartial final rule unlikely. This is terrible news for millions of American independent contractors who overwhelmingly like and support their working arrangements. For instance, a 2020 Morning Consult survey of independent contractors found that 71 percent believed “the freedom of being an independent contractor outweighs the benefits of being an employee.” A more recent 2022 study by MBO Partners found that 76 percent of independent contractors were “very satisfied with independent workers.” In addition, 84 percent said they were “happier” working independently, with 80 percent reporting that independent contracting was better for their health. These views are consistent with Bureau of Labor Statistics data showing that “79 percent of independent contractors preferred their arrangement over a traditional job.”
Biden’s ‘American dream’ nominee would unleash a nightmare
June 20, 2023 // As mothers, caregivers, trauma survivors, and entrepreneurs, women seek nontraditional, flexible work for many reasons. They overwhelmingly choose to pursue independent contracting for greater flexibility ; more control over their schedule, work location, and financial future; and better work-life balance over traditional jobs. Su lacks direct experience running a small business. Leaning on her parents’ or extended family’s small business experience is not enough. Leading the Labor Department would place critical management responsibilities, plus regulatory authority over businesses of all sizes, in her hands. Her record in California exposed other severe leadership weaknesses .
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.”
Reclassifiying Rhode Island’s independent workforce could cost the state millions
May 25, 2023 // Actual instances of misclassification are already addressed by existing laws. And if workers desire to obtain benefits, health care, or otherwise, they need not be traditional employees to do so. To prevent forced misclassification in Rhode Island, lawmakers should propose reforms like portable benefits to allow workers to maintain their independence yet apply for benefits as needed. Utah just pioneered this reform to allow worker benefits to follow workers, not employers. With a portable benefits system in place, forced reclassification efforts like SB 430 can be defeated. As of December 2022, 27 percent — or 85,116 self-employed gig workers — of Rhode Island’s small business workforce engages in independent contract work. That should be celebrated, not undone by misguided policymaking that seeks to correct a non-problem.
It’s a Gloomy Outlook for Jobs Under Biden. Here’s the Formula to Change That.
May 19, 2023 // For the sake of personal and societal happiness, for the sake of the financial well-being of American families, for the sake of solving America’s dire fiscal situation, and for the sake of preserving the foundation of American society, policymakers need to recognize the value and rewards of work. By protecting individuals’ rights to pursue the type of work and compensation that is best for them, expanding alternative education and job-training opportunities, and not forcing workers into unions, policymakers can expand opportunities for people to achieve meaningful and rewarding work. Work truly affects every aspect of American life. Our economy, our personal financial and physical well-being, our nation’s fiscal sustainability, and even our national security depend on it.