Posts tagged Independent Contractor Rule
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.
Department Of Labor Independent Contractor Rule Will Hurt Women In The Workforce
October 20, 2022 // “The Biden Department of Labor has placed flexible, independent work that women value and depend upon in their crosshairs. They want to make it more difficult for the nation’s 60 million freelancers to engage in their preferred work arrangements. In response to the COVID pandemic, women now comprise over half of new freelancers. The number one reason women engage in independent contracting is the flexibility to set their own schedules and work around important priorities. Many are only working part-time or less and don’t want employee benefits. They’d rather have more money and be their own boss. With 40-year high inflation, American households need more opportunities, not fewer. “The 2021 rule pertaining to independent contractors was not only simpler to apply but protected independent contract work across the country. Whether clocking a few hours a week or creating bustling businesses that go beyond a 40-hour week, women are carving out fulfilling and financially secure opportunities as independent contractors. Older Americans can also break free from the constraints of fixed budgets and stay attached to the workforce by freelancing.
Rideshare, retailers brace for tough U.S. independent contractor rule
September 28, 2022 // The meetings at the White House were one-sided, with officials at OIRA letting groups speak and not participating or asking follow-up questions, several employer sources said. They are interpreting that as a sign the Biden administration's mind is made up. Some of the groups have been trying, and failing, to convince the White House that any broad rule would hurt workers who want to remain independent and have flexibility...More than one-third of U.S. workers, or nearly 60 million people, performed some sort of freelance work.
Biden Administration Continues Waging War on Freelancing
June 10, 2022 // The U.S. District Court for the Eastern District of Texas ruled the department violated the Administrative Procedure Act of 1946 by only offering a 19-day comment period on the “delayed” IC rule. Governmental agencies must allow 30-60 notice-and-comment periods. The Coalition for Workforce Innovation et al. v. Walsh decision reads like this, “Having vacated the Delay Rule, the court turns to the Withdrawal Rule. Plaintiffs claim that the Withdrawal Rule is arbitrary and capricious, in violation of the APA. Again, the court agrees.”
Biden Department of Labor Must Protect Independent Contractors in New Rulemaking
June 7, 2022 // Independent contractors should be concerned with the Biden Administration’s hostile posture towards freelance work. The administration has worked on withdrawing the Trump Independent Contractor Rule since the day of President Biden’s inauguration. The Trump Independent Contractor Rule created an “economic reality” test to determine whether the individual in question works for themselves or their employer. The test looks at two “core factors” to determine the individual’s status: 1) “the nature and degree of control that the individual has over the work itself” and 2) “the opportunity for profit or loss based on the individual’s investment or initiative.” This test clarified the definition of an independent contractor Coalition for Workforce Innovation v. Walsh