Posts tagged gig worker
Trump Labor Department Pauses Gig Worker Rule, Plans Repeal
May 5, 2025 // The announcement, made in an enforcement guidance May 1, brings to fruition plans to rescind the rule—which the Trump administration has signaled in response to pending litigation over the policy. “Agency investigators are directed not to apply the 2024 rule’s analysis in current enforcement matters,” according to a DOL press release. “This approach provides greater clarity for businesses and workers navigating modern work arrangements while legal and regulatory questions are resolved.”
Op-Ed: The Case for Gig Worker Benefits
December 19, 2024 // Independent workers miss out on many fringe benefits associated with regular employment, such as disability insurance, life insurance, or health insurance. They are also ineligible for paid family or medical leave. In 2022, the proportion of self-employed adults lacking health insurance (18 percent) was substantially higher than that among all working-age adults (12 percent). These disparities result to some extent from tax policy. For the best part of a century, businesses have provided health insurance, pensions, and other fringe benefits to employees with pretax dollars—perks that self-employed workers did not enjoy.
Side Hustles in Focus as Gig Worker Laws Stir Uncertainty
May 1, 2024 // In the debate over the classification of gig workers, Massachusetts finds itself at the center of a legislative whirlwind, echoing a lengthy battle around California’s AB5 Gig-worker law. Proposals to reclassify Uber and Lyft drivers as employees rather than independent contractors have sparked heated discussions about labor rights and the unintended consequences of regulatory measures.
Businesses Cry Foul on DOL Messaging for Trump Gig Worker Rule
May 8, 2023 // “My discussions with DOL investigators and the solicitor’s office out of Atlanta was exactly the same before the Trump regulations and after the Trump regulations,” McCutchen said. In her interactions with the agency, WHD investigators mentioned and recognized the agency was bound by the Trump rule, but didn’t follow the structure of the Trump test when analyzing whether one of her clients was a contractor or an employee, she said. “They didn’t say, ‘Let’s look at the two core factors,’” she explained, “or, ‘Now we’re going to look at the three additional factors,’ which is the structure of the Trump regulations. They didn’t do that.” The Trump rule has been in place for over two years, and given how it diverged from the Obama-era approach to worker classification, the department should be reaching out to field officers and offering training and guidance, said Michael Lotito, co-chair of Littler Mendelson PC’s Workplace Policy Institute. Simply acknowledging the rule isn’t enough, he added.
Secretive Su: Biden Admin Won’t Release Records of ‘Transparent’ Labor Secretary Nominee Julie Su
May 4, 2023 // Meanwhile, Su notably had zero meetings with business leaders as deputy labor secretary. It was Romney noting this fact last month that prompted Su to tout her "transparency." Su’s calendars also showcase her commitment to diversity, equity, and inclusion initiatives. For example, she participated in a meeting about "equity in procurement"—to ensure that government contracts go to business owners who are not white or straight—and a panel about incorporating gender and race into workplace safety.
California: Uber, Lyft Can Treat Drivers as Contractors, Court Rules (1)
March 15, 2023 // “We agree that Proposition 22 does not intrude on the Legislature’s workers’ compensation authority or violate the single-subject rule, but we conclude that the initiative’s definition of what constitutes an amendment violates separation of powers principles,” the three-judge panel held. The court found the initiative violates the separation of powers principles by limiting lawmakers’ ability to enact amendments such as allowing gig workers to unionize. It severed that portion of the initiative and will “allow the rest of Proposition 22 to remain in effect, as the voters indicated they wished,” in a split victory for gig companies. The Protect App-Based Drivers and Services coalition that backed the initiative called the ruling “a historic victory for the nearly 1.4 million drivers who rely on the independence and flexibility of app-based work to earn income, and for the integrity of California’s initiative system.”
Conservative group launches effort to fight Biden administration workplace rules
October 28, 2022 // If implemented, the new rules could restrict independent contracting, which would force some freelancers to reclassify as employees, and broaden the definition of joint employment, making it harder to own and operate franchise businesses. Because these rules are being proposed by executive branch agencies, they do not go through rounds of debate and votes in Congress. However, under the 1946 Administrative Procedures Act, they must go through a public comment period to receive feedback before being implemented. This is where the group, Heritage Action for America, is trying to make an impact, soliciting comments from the public via a new website.
Uber, Doordash plunge after Labor Department proposes change to gig worker classification
October 11, 2022 // The Biden Labor Department released a proposal Tuesday that could make it possible for gig workers to be reclassified as employees, rather than contractors. The proposed rule sent stocks of gig companies like DoorDash, Lyft and Uber down. It comes after a court reinstated a Trump-era rule Biden’s Labor Department tried to block that would have made it easier to classify gig workers as contractors.
Opinion: Time for a Law That Puts Workers, Not Unions, First
March 25, 2022 // The Employee Rights Act of 2022, unlike Biden’s PRO Act, encourages innovation and job flexibility.