Posts tagged Independent Contractor
OOIDA makes now-solo case in court that California’s AB5 should exempt trucking
April 23, 2025 // For OOIDA, which is carrying on the lawsuit that was originally filed by the California Trucking Association in 2019, the issue is clear: AB5 “categorically prohibits leased owner operators from operating in California,” OOIDA outside counsel Paul D. Cullen Jr. said in his opening remarks. (CTA last August decided not to pursue the appeal to the 9th Circuit.)
Truckers tell Ninth Circuit that California law unfairly bans independent contractor drivers
April 10, 2025 // Though a business-to-business exemption is available under the law, the association says members can't apply because they have to follow contradictory federal law that says trucking companies need to have exclusive control over trucks involved in interstate commerce. “One of the requirements of the business-to-business exemption is that the worker be free from the control of the business. Leased owner-operators in inter-state commerce must comply with federal regulations called the Truth In Leasing regulations which require the motor carrier to have exclusive possession and control of the vehicle and the operation of that vehicle in inter-state commerce. Whatever the scope of that control is it can’t be squared with the B2B requirement that the worker be free from control. It’s irreconcilable,” Cullen said.
Kim Kavin: Intent to Reconsider
April 8, 2025 // The federal government has indicated in court that it may rescind the Biden-Harris administration’s independent-contractor rule and undertake the process of new rule-making. Yesterday, the U.S. Labor Department filed a status report in one of several lawsuits against the Biden-Harris administration over its independent contractor rule. This status report was filed with regard to the Frisard case, whose plaintiff is represented by Liberty Justice Center and the Pelican Institute.
Tennessee Supports Independent Workers
April 7, 2025 // A portable benefits account is designed to empower contract and freelance workers by helping them save for key benefits such as health insurance, income replacement, retirement, and disability insurance. These accounts are owned by—or legally tied to—the worker and remain with them as they move between jobs, industries, or locations. This portability gives independent workers the flexibility and security they need to thrive. This year, Senator Bo Watson sponsored SB1377, accompanied by Representative Charlie Baum’s HB494, which allows any person or entity to contribute to a worker’s portable benefits account. The legislation includes three key protections
Construction groups decry PRO Act’s reintroduction
March 13, 2025 // “The reintroduction of the PRO Act displays continued disregard for the livelihoods of small business owners, employees and independent contractors,” said Swearingen. “While Congress has long rejected the PRO Act and its provisions, these legislators continue to pursue failed policies and attack business models and fundamental freedoms that have fueled entrepreneurship, job creation and opportunity for the American worker.”
Commentary: Freelance Busting: The Ratio Reality
March 11, 2025 // Democrats, led by Senate and House Minority Leaders Chuck Schumer and Hakeem Jeffries, both of New York, just reintroduced the Richard L. Trumka Protecting the Right to Organize Act. Named for a former head of the AFL-CIO, this bill, H.R. 20, does the same thing that California Governor Gavin Newsom claimed AB5 would do. The PRO Act aims to reclassify independent contractors as employees as a way to empower union organizers. As Jeffries put it in Congress: “When our unions are strong, the United States of America is strong.” Republicans, led by Rep. Kevin Kiley of California, put forward the Modern Worker Empowerment Act. This bill, H.R. 1319, aims to stop California’s experiment from spreading. It would protect everyone’s freedom to be our own bosses. As Kiley put it: “California’s disastrous AB5 law wreaked havoc on independent workers, stripping them of their ability to work on their own terms and forcing businesses to cut off contractor relationships. Shifting federal regulations threaten to impose similar uncertainty nationwide, putting millions of workers at risk.”
Bills Introduced in Congress Work to Secure the Right to Work for Independent Professionals
February 27, 2025 // On February 13, California Congressman Kevin Kiley (R) introduced two bills in the House of Representatives that seek to codify and protect independent professionals and contractors. In this 119th Congress, Paul has partnered with two key right-to-work organizations to reintroduce “The National Right to Work Act”: The Institute for the American Worker, and the National Right to Work Foundation.
Opinion: Judge Slaps Back AFL-CIO Challenge to DOGE Access to Department of Labor Records
February 9, 2025 // So, a DOGE deep-dive into those records could show the hows and the whys behind big labor's assumption that it has total control of this agency, and to what degree the U.S. DOL colludes with them to sacrifice independent professionals, small businesses, and franchisers on the altar of labor interests.
New Study: From Gig to Gone? ABC Tests and the Case of the Missing Workers
January 10, 2025 // The introduction of an ABC test caused significant declines in traditional (W-2) employment, self-employment, and overall employment. The ABC test reduced traditional (W-2) employment by 4.73% Self-employment fell by 6.43% Overall employment fell by 4.79% Occupations with high shares of independent contractors experienced the largest reductions in employment. These results suggest that contrary to the intended goal, ABC tests are not altering the composition of workers and leading to more workers becoming traditional W-2 employees, but they are reducing employment for both W-2 employees and self-employed workers.
Commentary: Washington, We Have a Problem
December 27, 2024 // The problem is that the figure 11.9 million is significantly lower than figures the government has previously stated about the number of independent contractors in the United States. Those figures, in turn, have been significantly lower than figures we’ve all seen released year after year by numerous other researchers. Several experts were quick to point out that with this new data, the U.S. Bureau of Labor Statistics may have accurately counted what the government set out to count—by asking questions in its own wonky way—but the result is absolutely going to confuse a lot of people.