Posts tagged gig workers
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.
9th Circuit panel will hear Uber/Postmates case on AB5
December 22, 2023 // The decision handed down by a three-judge panel in March was notable primarily for its reasoning that Uber and Postmates had been denied equal protection of the law in the process that led to the California approval of AB5, state legislation that required companies that hire independent contractors to reclassify them as employees. Equal protection of the law was the only claim by Uber and Postmates that the appellate panel backed; it supported the lower court rejection of other arguments. The panel cited the statements of then-Assemblywoman Lorena Gonzalez, now a state labor leader but the key driver in turning AB5 into law, as evidence that the move to more tightly define when a worker can legitimately be considered an independent contractor was an effort targeted at gig drivers like those at Uber.
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.
Op-ed: BIDEN’S NEW DEAL: GOVERNMENT STACKED FOR UNIONS
July 24, 2023 // With Democrats facing tough midterm elections, expect more union giveaways while still controlling Congress. Love it or hate it, the federal government is pushing its thumb firmly on the Union side of the scale.
BACKGROUNDER: Employee Rights Act
June 26, 2023 // Sponsored by Rick Allen (R-GA) The Employee Rights Act of 2025 safeguards and strengthens the rights of American workers. It guarantees workers’ right to a secret ballot election, ensures they can work directly with their employer if they opt-out of union membership, protects worker privacy, allows workers to choose to fund union politics or not, provides legal clarity for small business owners and independent contractors, and guarantees fair representation for all American workers.
Julie Su Pining for Labor Secretary
June 1, 2023 // The National Education Association, one of the largest unions in the nation, began placing ads in states with senators who have yet to commit to voting for Su if – and when – her nomination comes before the full Senate. Ads like these are running in Alaska (Murkowski, R), Arizona (Kelly, D, and Sinema I-ish), West Virginia (Manchin, D). None – along with Angus King (I) of Maine and John Tester (D) of Montana – have said for sure they will vote Su for sure. The NEA came out in favor of Su even before she was nominated, and unusual thing to do for the union, a union that – like its counterpart the AFT led by the egregious Randi Weingarten – pushed strongly to keep schools closed across the country during the pandemic.