Posts tagged Independent Contractor Rule
Collateral Damage in the War on ‘Gig Work’
February 12, 2024 // A new Department of Labor rule regarding independent contractors is likely to hurt overall employment.
Commentary: Why we just sued the US Department of Labor
February 6, 2024 // As one of us testified before Congress last year, the Biden administration remains relentless. It’s now attempting a regulatory workaround with the Department of Labor’s independent contractor rule, which, in a cruel twist, was released just days before Mercatus Center research showed that the protesting independent contractors have been right all along. Mercatus found that the California approach not only failed to create unionizable jobs, but actually decreased overall employment by 4.4 percent and self-employment by 10 percent. Mercatus also noted that this happened despite California ultimately exempting more than 100 professions. The new Labor rule exempts none. The department acknowledges there may be “conceptual overlap” with the California law’s most harmful language. We agree. What’s worse is that the Labor rule is so vague, it’s impossible for anyone to know how to operate legally with independent contractors. The Biden administration sees this as a feature, not a bug.
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.
Biden Takes a Destructive California Idea National
February 4, 2024 // The Biden administration appears undeterred by the lessons of recent history. The California law unleashed chaos in the state’s politics and courts. Politicians delegated to union leaders the power to hand out exemptions to politically favored groups. Lawyers, doctors, psychologists, dentists, podiatrists — almost anybody with an advanced degree was exempt. When newspapers editorialized against the new law — noting that they rely on freelance photographers, reporters, editors, designers, and delivery people — they, too, were excluded from the new regulations. Suddenly free from the dead hand of state regulators, the newspapers turned as one and editorialized in favor of the new law. A federal judge said the process was shot through with “corruption,” “backroom dealing,” “pure spite,” and “naked favoritism.” But more important, A.B. 5 crushed tens of thousands of California business owners — those who operate as independent contractors as well as those who employ or otherwise rely on them. Now Biden and Su plan to bring the crazy to every American state.
OP-ED: Labor Department’s new independent contractor rule is a mess. We need a clear national standard instead.
February 2, 2024 // This confusion has serious consequences. Worker classification affects not only minimum wages and overtime, but also fringe benefits, taxes, insurance, liability for injuries, and union organizing. It can even implicate antitrust law. So if a business classifies a worker incorrectly, it can face serious legal penalties. And those penalties aren’t just monetary: some states have even made misclassification a crime. And make no mistake, this isn’t only a problem for companies; it’s a problem for workers too. Look no further than what has happened in California. In 2020, the state changed its classification rules to crack down on supposed misclassification. The state’s goal was to shift workers out of independent contracting and into employment. But not only did contracting dry up, so did employment. A new study shows that more than ten percent of contractors and four percent of employees in the affected professions simply lost their jobs. Businesses were so afraid of the new classification rules that they cut opportunities across the board.
Rachel Greszler: 64 million Americans risk losing work under Biden administration rule
January 30, 2024 // The group Freelancers Against AB 5 compiled a list of more than 600 professions that have been negatively affected by independent contracting restrictions, and Americans for Tax Reform documents more than 600 personal testimonials of workers who’ve been harmed. Karen Anderson, the founder of Freelancers Against AB5, testified to federal lawmakers about children’s theaters and nonprofit youth sports clubs closing their doors; sign language interpreters unable to provide ADA-mandated services to the deaf; and professionals having to move out of state to maintain their livelihoods.
Freelancers defend economic liberty from vague DOL rule
January 25, 2024 // Kim Kavin is a freelance writer and editor from New Jersey. Kim writes and edits content for magazines, newspapers, and corporate brands and has authored multiple books. She is a past president of the professional association Boating Writers International, whose membership includes many freelance writers. Kim, along with Jen Singer and Deborah Abrams Kaplan, also from New Jersey, and Karon Warren, based in Georgia, founded an online group called Fight For Freelancers to contest policies like AB5 and the Department of Labor’s rule that seek to make it more difficult for them to work as independent contractors. Their livelihoods depend on them being able to work as freelancers, and they want to be able to keep the mutually beneficial business relationships they have with their clients. Represented free of charge by Pacific Legal Foundation, Fight For Freelancers, Kim, Jen, Deborah and Karon are asking a federal court to restore their right to earn an honest living without interference by the DOL’s illegally vague independent contractor rule.
Op-Ed: Labor Department stuck in 1930s with rule against independent contractors
January 23, 2024 // With a national rule, however, few of those escape options are possible. Freelancers are unlikely to flee the country, and there is no such thing as a national ballot measure. The department has only just finalized the rule, so revisions are unlikely unless there is a change in control of the executive or legislature this November. Independent contractors face an extremely uncertain future. The reason why the rule is likely to be such a problem is because it is based on a vision of what the workplace should look like from a century ago, when large corporations dominated. Large corporations made sense when it was harder to be nimble as a business. Nobel Prize winner Ronald Coase explained the reason we have corporations at all is because of the presence of what are called transaction costs. If I have a business idea that requires the services of someone else, I face those costs. If the business idea requires someone with advanced mathematical calculation skills I don’t have, I can either contract with someone who has those skills to do the work every time I need it, or I can hire them as an employee instead and have them always available.
New Research Quantifies Harms To Independent Contractors Of California’s AB5
January 23, 2024 // Despite AB5 proponents’ claims that the law would increase full-time employment and offer benefits and protections, the researchers found “robust evidence that AB5 is significantly associated with a decline in self-employment and a decline in overall employment.” · AB5 reduced the level of self-employment by 6.7 percentage points to 28%. · AB5 reduced the level of overall employment by 7.3 percentage points to 14%. · The researchers did not find significant evidence that AB5 increased W-2 employment.
Commentary: Kevin Kiley: American Dream in danger
January 22, 2024 // AB 5 offers a warning to the nation. It is one reason California has ranked first or second in the country when it comes to unemployment and poverty, and last in the country in wage growth. Congress must reject the nationalization of AB 5 and protect the diverse range of work arrangements that contribute to the American economy. We must oppose the ongoing attacks on worker freedom and ensure that worker preferences and autonomy are accounted for in all policy decisions. More than ever, we must support the right of enterprising Americans to pursue their calling as they see fit. To that end, I am introducing legislation to nullify Biden’s Independent Contractor rule, and urge all Members of Congress to support it.