Posts tagged Kevin Kiley
VIDEO: Protecting Trucking’s Independent Contractors
March 21, 2024 // A new rule from the U.S. Department of Labor undermines the livelihood of 350,000 truckers across the U.S. who choose to operate as independent contractors. In this episode, we explore the rule's impact on small trucking business owners and how ATA is fighting back in the courts and through the legislative process.
Commentary: Biden pursues organized labor’s agenda through regulation
March 14, 2024 // The OSHA “walkaround” rule flies in the face of a regulation that stipulates that people who accompany an OSHA inspector must be employed by the company under inspection. Under the proposed rule, OSHA representatives would have to simply state that a union official was “reasonably necessary” to the inspection to bring that individual to the site. The walk-around rule presents an opportunity for union organizers to collect information or otherwise infiltrate nonunion workplaces, a clear attempt by OSHA to give unions a leg up in organizing drives. Another example is the Securities and Exchange Commission’s universal proxy rule, which forces companies to include management and dissident shareholder nominees on a single proxy card in contested elections. The rule enabled a coalition of our nation’s largest and most militant unions to extract new concessions from Starbucks by threatening to mount a hostile takeover attempt of the coffee company’s board. Unions will continue to exploit the universal proxy rule to bring other publicly traded companies to the table with threats of a hostile takeover.
Over 30 Leading Policy Groups Send Coalition Letter to Congress Raising Concerns with Department of Labor’s Independent Contractor Rule and Its Crushing Impact on Independent Workers
March 11, 2024 // Vincent Vernuccio, president of Institute for the American Worker, said, “Instead of empowering workers to make their own decisions to earn a living in the best way to support their families, many policymakers in Congress and the White House want to stifle worker freedom and flexibility. The vague and authoritarian DOL rule will hold back growth, destroy jobs, and harm the very workers it purports to help.”
Opinion: Biden rule threatens to throw independent contracting into disarray
March 6, 2024 // For example, the U.S. Postal Service uses 7,900 contracted delivery services to reach about 3 million of its delivery points. The plainclothes carrier who delivers mail via her personal vehicle to my home in Shenandoah, Va., is presumably one of these contract drivers. Under the Biden administration’s new rule, she and potentially thousands of individuals like her would almost certainly be considered employees. That is because the work these contractors perform is “integral” to the Postal Service; the Postal Service exercises a high degree of direct and indirect control over these individuals by mandating where and when the work must be done, and the delivery contractors are not exercising significant “skill” or “initiative.”
House Committee Grills Labor Chief Over Independent Contractor Crackdown
February 22, 2024 // Chair Kiley called upon the committee members to address Looman with their questions or comments. Administrator Loomis could not, or did not, choose to answer many of the questions asked such as Chair Kiley’s questions about different occupations (real estate brokers, truckers, journalists) who would be classified as an independent contractor under the new rule. Looman not only appeared to be unfamiliar with the language within the 339 pages of the rule but also was unaware (or pretended to be) that the rule is written in such a way that classifying any profession as anything other than an employee is next to impossible.
Op-ed: Watch out — California’s damaging gig workers law is going nationwide
February 20, 2024 // The rule is slated to take effect on March 10. U.S. Sen. Bill Cassidy (R-La.) and Rep. Kevin Kiley (R-Calif.) have both declared they will use the Congressional Review Act to have this rule rescinded. Previous legislation has been tendered in support of small businesses and the self-employed. The “Fight for Freelancers” group of female writers and editors has filed a lawsuit challenging this rule, which serves to appease Big Labor in the same manner as AB5.
A Lawsuit Seeks to Stop the National Destruction of Trucking Through the DOL Indep. Contractor Rule
February 14, 2024 // The U.S. DOL is using bureaucratic means to make an end-run around already failed legislation (see The PRO Act) in order to destroy independent professionals and small businesses across the nation. The Rule embeds the same tenets found in the ABC Test, which supports AB5, and we all know how well that went in California. The state's trucking industry, in particular, continues to fight hard against AB5, and their battle is being watched by the rest of the industry in other states. Now, a Louisiana business has filed a lawsuit to stop the rule, which is scheduled to take effect on March 11.
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.
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.
‘Independent Contractor’ Rule Latest Dumpster Fire Exported From California
January 31, 2024 // One of those infamous policies and the havoc it’s bound to wreak has gone national, thanks to labor department rules issued by the Biden administration. A 339-page Department of Labor rule – you can always count on the federal government to keep it pithy – would make it much harder to be an independent contractor or freelance worker in America. Created to replace a simpler Trump-era rule, it’s modeled on AB5, a disastrous 2019 California law that made independent contracting and freelance work so hard to do that it effectively outlawed it in the Golden State.