Posts tagged gig workers
Commentary: Melissa Melendez And Kevin Kiley: Learn From California’s Disastrous Contractor Rule
March 18, 2024 // According to a brand new study from the Mercatus Center, self-employment in affected industries has declined by a stunning 10.5% in California. Proponents had argued that these workers would simply be “reclassified” as full-time employees, but for many, that has not been the case. The same study found an overall 4.4% decline in employment in the industries that didn’t manage to get an exemption. Amidst these disastrous results, it is still unclear who has actually been helped by the new regime.
Commentary: Biden’s Independent Contractor Rule Threatens the Evolution of Work
March 15, 2024 // So what's the advantage of reclassifying independent workers as employees? The same as the disadvantage: It makes it harder for workers to be their own boss, to choose their own schedules, to represent themselves, to set their priorities as they see fit. If you believe in the evolution of the workplace and worker self-determination, this is bad. But if you believe in a one-size-fits-all work model where individuals are employed by traditional businesses and represented by traditional unions, this is great.
Everything You Need to Know About the Department of Labor Independent Contractor Rule
March 12, 2024 // The DOL does not provide an analysis of how many independent contractors will actually become employees. Let’s say a company is contracting with 100 photographers, all of whom are affected by this rule: how many of those photographers will become employees? It’s clearly not all 100 of them. To unpack the potential benefits (and costs) on workers, we need some analysis into how many of those 100 freelance photographers would become employees. Another consideration for the benefits side of the equation is whether most independent contractors are currently working with small businesses or larger ones. This matters because, as I point out in a previous post, many small businesses do not provide healthcare insurance, retirement benefits, or maternity benefits to their employees. This means that the “benefits” differences between an independent contractor and an employee at a small business are smaller than expected.
Op-ed: Watch out — California’s damaging gig workers law is going nationwide
February 20, 2024 // The rule is slated to take effect on March 10. U.S. Sen. Bill Cassidy (R-La.) and Rep. Kevin Kiley (R-Calif.) have both declared they will use the Congressional Review Act to have this rule rescinded. Previous legislation has been tendered in support of small businesses and the self-employed. The “Fight for Freelancers” group of female writers and editors has filed a lawsuit challenging this rule, which serves to appease Big Labor in the same manner as AB5.
The number of striking U.S. workers more than doubled in 2023
February 15, 2024 // While the overall number of strikes only ticked up a bit in 2023, many more workers were involved in stoppages.
Flexibility is no longer just a perk; it’s the crown jewel of employment
February 14, 2024 // A striking 78 percent of American workers say flexibility in their job is “one of the most or a very important” factor in looking for a job
Let’s Address the Real Challenges for Independent Contractors and Gig Workers
February 5, 2024 // Self-employment fell by 10.5 percent on average for non-exempt occupations, while overall employment fell by 4.4 percent on average for non-exempt occupations Occupations with a greater prevalence of self-employed workers saw greater reductions in both self-employment and overall employment In other words, on average, 1 in 10 self-employed individuals may have lost self-employment opportunities in California among occupations not exempt from AB5, while there is no evidence of an accompanying increase in traditional employment opportunities among workers in non-exempt occupations.
Pro-Worker, Not Pro-Union
January 31, 2024 // What the Right has often overlooked in this debate is that the protection of independent-worker status can be coupled with a revamping of worker-benefit options. Lack of benefits is frequently cited as the main drawback of independent work. Republicans could burnish their pro-worker credentials, while protecting businesses from reclassification and other draconian left-wing policies, by proposing a flexible benefit setup for contractors and gig workers that has features similar to a SEP-IRA. It would use a system of employer contributions while giving workers the ability to make pre-tax contributions of their own. The funds could be used for benefits such as paid sick leave, unemployment insurance, or even health insurance, some of which could be purchased through newly created worker-benefit exchanges that act as brokerages for the benefits. Benefit-flexibility concepts can be applied as well to retirement savings, even those of noncontract workers. The current system largely relies on employer-based retirement plans, but many workers find it difficult to roll old retirement accounts over to new jobs. That has led to a proliferation of abandoned “orphan” accounts. Automatic portability for retirement accounts would make it possible for more workers to take their accounts with them to new jobs. Also due is a nuanced rethinking of noncompete agreements in labor contracts. While libertarian notions of the freedom of contract have long led right-leaning policy-makers to resist the imposition of restrictions on contractual arrangements, recent years have seen more free-market proponents question the efficacy of noncompetes with respect to their impact on worker freedom and earnings.
OOIDA lends support in case against AB5
January 30, 2024 // The two trucking groups argue that the law eliminates the independent contractor driver business model in the trucking industry and that it violates the U.S. and California constitutions. OOIDA, which is serving as an intervenor in a case against the state’s worker classification law, told the court in its Oct. 27 reply brief that AB5 needlessly causes genuine independent contractors to be reclassified as employees. “AB5 discriminates against and imposes undue burdens on interstate commerce in violation of the dormant Commerce Clause, and the disparate treatment of AB5’s business-to-business and construction exemptions violates the U.S. and California constitutions’ equal protection clauses,” OOIDA wrote
Opinion: Biden adds to his ‘Bidenomics’ flop: This new rule throws wrench in popular gig economy.
January 22, 2024 // Biden promised to be the “most pro-union president you’ve ever seen,” so he needs to reward all those campaign donations. And Biden’s doing it regardless of the impact on the economy. Independent contractors cannot be unionized, so the more companies lean on these workers, the less ability unions have to organize. It’s really that simple. The Biden administration is trying to sell its new rule as a way to protect workers and make it easier for them to qualify for benefits such as overtime pay and paid time off.