Posts tagged independent contractors
Worker rights? Racial bias? A law change for manicurists prompts debate, confusion
February 17, 2025 // Since the beginning of the year, licensed manicurists and nail salon owners in Orange County and across the state have been confused about whether a change in state law allows the business practice of renting a booth to continue or not. After an exemption expired under state law, nail salon workers are now subject to a rigorous test to determine if they are independent contractors while licensed aestheticians, electrologists, barbers and cosmetologists remain exempted from it.
							
								Commentary: Why does the US have it in for gig workers?
February 9, 2025 // There’s no argument that the gig economy has surged dramatically, particularly since the pandemic. More than 20m new businesses have launched since 2020, the great majority of those representing side hustlers, independent contractors and freelancers. According to data reported in Forbes, an estimated 64 million Americans, representing 38% of the US workforce, did freelance work in 2023, which is up by 4 million people over the previous year, and contributed almost $1.3tn in annual earnings to the US economy. Is the IRS that fearful over the loss of tax revenues? As a business owner, I don’t pay employer taxes when I hire freelancers. But the freelancer is responsible for paying a “self-employment” tax when they file their tax returns, so if they’re doing what they’re supposed to do, there shouldn’t be much difference. Most states have similar tax arrangements. If a taxpayer fails to report those earnings, then that’s on them. They’re breaking the law and risk penalties or even prison.
‘We Are Hopeful’ Q&A with Patrice Onwuka and Kim Kavin
January 24, 2025 // Congress should consider enshrining the Trump-era definition for independent contractors, and/or consider ways to get ahead of the opposition to flexible work. The Employee Rights Act was a federal bill that, among many pro-worker provisions, sought to protect independent contractors as a counter to a national ABC Test in the now-defunct Protecting the Right to Organize Act. Portable benefits also provide a pathway for companies to provide independent contractors with workplace benefits without triggering a reclassification.
FTC Moves to Allow Independent Contractors to Collectively Bargain
January 14, 2025 // The Clayton Act’s labor exemption provides protections for workers seeking to organize and clarifies that such activity does not violate federal antitrust law, which prohibits anticompetitive business practices. Importantly, this exemption only applies to traditional employees. Independent contractors, on the other hand, cannot engage in collective bargaining, as it is currently viewed as a means of colluding over prices. A policy statement allowing independent contractors to collectively bargain with no fear of liability would be a significant change to federal antitrust law.
FTC Moves to Allow Independent Contractors to Collectively Bargain
January 10, 2025 // On January 7, the Federal Trade Commission (FTC) announced its tentative agenda for its January 14 open commission meeting. One of the topics for discussion centers around whether the agency should issue a policy statement allowing independent contractors to collectively bargain.
							
								CA requires public school unionization lessons, bans mandatory anti-union work meetings
January 2, 2025 // Two new laws — AB 800, signed into law by Gov. Gavin Newsom in 2023, and now SB 399, signed into law by Newsom this year, are set to help maintain or even increase union membership in the state. AB 800, signed into law by Gov. Gavin Newsom in 2023, requires California high school juniors and seniors to be taught about their workplace rights, the achievements of organized labor, and students’ right to join a union. Education site Chalkboard News used public records requests to discover what exactly this new law is having teachers cover.
							
								Op-Ed: Follow Trump 45 Labor Policy, Not the Teamsters Union
November 21, 2024 // By pushing Rep. Chavez-DeRemer for secretary of labor, O’Brien is essentially asking the winner of the 2024 presidential election to concede to the loser on one of the most important pieces of domestic legislation after the winner has already won in exchange for nothing. Rather than taking labor policy advice from a union boss, President Trump would do much better to follow the example he himself set in his previous term.
Top 3 Ways Teamsters Boss Sean O’Brien Stabbed President Trump In The Back
November 21, 2024 // More than $2.6 million in Teamsters political donations went toward registered Democrats and Democratic campaign arms. The Teamsters also funded anti-Trump activist groups like the ACLU that plan to bury a second Trump term in litigation. This should come as no surprise. When Trump was in office, the Teamsters worked to sabotage passage of the Trump Tax cuts and prevent confirmation of Trump’s Supreme Court picks. 94% of Teamsters political spending has gone to Democrats since 1990. The Teamsters rank-and-file voted for Trump because he supports worker freedom.
							
								Commentary: Plan B is Activated
November 19, 2024 // They are now turning to Plan B, which is sectoral organizing. And they notched a big win in the recent election with a ballot proposition in Massachusetts—a win that the mainstream media is heralding as a good thing. In fact, the same pro-union media bias that we saw with reclassification attempts such as Assembly Bill 5 and the PRO Act is simply resetting and restarting anew. Now, it’s being used to promote this other way of trying to limit self-employment.
							
								COMMENTARY: These Punches Landed
October 24, 2024 // What you have is a task force that’s heavy on unionists. I understand why you want to help unions: Membership is at an all-time low, and Gallup says 80% of people either don’t want to join a union, or are at best neutral on the subject. But when you try to solve that union problem by destroying the livelihoods of independent contractors, all you do is come off as extremists.