Posts tagged gig workers
Commentary: Freelancers are not victims. Federal regulations should stop victimizing us
April 7, 2026 // The Trump 2026 IC rule follows the framework of the Trump 2021 IC rule, but applies modifications to the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Workers Protection Act (MSPA). The modifications narrow previously broad language on what constitutes an “employee,” while delineating that independent contractors are not employees. The 2026 IC rule further nullifies the six-factor “economic reality” test housed in the 2024 Biden IC rule.
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.
Opinion: Unions are on a comeback. Americans are paying the price.
April 2, 2026 // So far, the union comeback has mostly been confined to courthouses and state legislatures. Membership hardly budged last year, rising from 9.9 percent of U.S. workers in 2024 to 10 percent in 2025. Yet if more states continue to mandate collective bargaining for public-sector workers — or decide to repeal right-to-work statutes for the private sector — rates can be expected to rise in those jurisdictions. If workers at a unionized shop are forced to pay dues regardless of their membership status, more will opt in as the financial incentive to remain unorganized slips away.
The Rise of Portable Benefits
March 19, 2026 // States like Alabama, Tennessee, Utah, West Virginia, and Wyoming have already enacted voluntary portable benefits frameworks. Others—including Pennsylvania, Maryland, and Georgia—have launched pilot programs. And a growing number of states—from Connecticut to Kansas to Hawaii—are actively considering legislation.
NJBIZ Exclusive: NJ voters support gig workers as independent contractors
March 12, 2026 // 75% of New Jersey voters back rideshare, delivery drivers keeping independent contractor status 72% support portable benefits, allowing workers to earn health, dental, vision, retirement benefits while staying independent Support spans Democrats (76%), Independents (71%), Republicans (69%); 84% of app-based workers in favor Poll shows broad understanding of gig economy; preference for flexible, hybrid work models
2026 Independent Contracting- DOL Rulemaking
March 5, 2026 // The proposed rule would revise federal standards for classifying workers under the Fair Labor Standards Act (FLSA). It would also rescind the 2024 independent contractor regulation and largely restore the January 2021 framework, with clarifications and updates. The proposal returns to a traditional “economic reality” analysis focused on whether a worker is in business for themselves or economically dependent on an employer. In particular, it restores emphasis on two core factors: The degree of control exercised by the company The worker’s opportunity for profit or loss
Commentary: Freelancers want to be free
February 26, 2026 // The latest evidence for this comes courtesy of a Politico poll on the subject. The survey found that 88 percent of app-based workers wanted to remain as independent contractors – that is, freelancers – rather than be treated as traditional employees. The workers themselves aren’t buying the argument that they’re being exploited. The general public feels largely the same, if not quite so strongly. The same poll found that 76 percent thought that app-based workers should continue to be treated as independent contractors “if their employers are required to provide them with access to portable benefits.”
Maine Considers Setting Minimum Rate of Pay for Rideshare Drivers on Platforms Like Uber and Lyft
January 21, 2026 // At the close of their testimony, the group suggests that lawmakers consider implementing a “portable benefits” program wherein drivers can accrue benefits across multiple platforms without “sacrificing their independent contractor status.” “We share the goal of ensuring that rideshare drivers can earn a fair living,” Chamber of Progress said. “But the evidence is clear: in city after city, minimum pay mandates have backfired by raising prices for riders, compressing earnings for experienced drivers, and degrading service for everyone.”
Ocean County Leaders Raise Concerns over NJDOL’s Proposed Gig Worker Rule
November 25, 2025 // “The State’s one-size-fits-all rule may hurt the very people it claims to protect; the independent workers, small businesses, and local economies that depend on flexibility and Ocean County’s local contractors, tradespeople, and entrepreneurs that rely on flexible work arrangements,” Ocean County Commissioner Jennifier Bacchione said on Monday. “The State should not be penalizing them for working independently.”
Testimony: Rachel Greszler: Labor Law Reform Part 1: Diagnosing the Issues, Exploring Current Proposals
October 10, 2025 // SummaryToday’s challenges—from the rise of artificial intelligence to the expansion of independent work and the growing demand for flexibility, autonomy, and new skills—necessitate modernized labor laws that are pro-worker and pro-employer, regardless of the type of workplace. Heavy-handed government interventions and attempts to bring back the 1950s’ ways of work are not the answers. American labor laws should preserve the freedom, dignity, and opportunity that make American work exceptional.