Posts tagged gig workers
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.
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.
Should Influencers Unionize?
May 5, 2023 // Speaker D: Although our reporting has found that union rates are at an all time low since records began, so the trend is not favorable for you. Speaker D: Public perception of unions is pretty high though, so people will be cheering them on if they do form one. Speaker B: I mean, that’s what’s funny is because one in four zoomers want to be influencers, they’re also one of the most progressive generations that have the most positive view of unions.
Michigan: Wage theft package gets first committee hearing
April 14, 2023 // Under HB 4390, an independent contractor is someone who is: a) “free from control and direction of the payer,” b) “performs work that is outside the usual course of the payer’s business,” and c) “is customarily engaged in an independently established trade.” Wendy Block, Senior VP of Business Advocacy and Member Engagement for the Michigan Chamber of Commerce, compared the Michigan proposal to California’s independent contractor law. HB 4401 and HB 4406 would make it a felony punishable by up to two years in prison and or a $10,000 fine to refuse to provide that information more than once.