Posts tagged Misclassifying employees

Independent Contracting in 2025
January 8, 2025 // Independent contractors forgo workplace benefits that employees receive. Portable benefits are a way to give them access to benefits untethered from employment with one employer.

Freelancers Aim to Overcome Legal Setback Against Biden-Harris IC Rule
October 28, 2024 // Four additional federal lawsuits against the DOL’s rule are pending, including cases in Texas, New Mexico, Louisiana, and Tennessee. In several of these cases, the plaintiffs are companies suing from the position of hiring entities, which legal experts believe might better position them to overcome the standing hurdle.
Gig Workers Need Flexibility, Not More Rules | Opinion
March 20, 2024 // Su and the Biden administration are missing one important thing, however: most contract workers don't want those protections. Or rather, they consider the reward of the contract work and compensation to be greater than the risk of not having the traditional protections a full-time employee might enjoy. Many contract workers also work full-time jobs that offer said protections. The gig economy has exploded in the last two decades. Before the pandemic, it was estimated to employ 36 percent of American workers, or about 57.2 million people. Statistics from last year suggest there are over 73 million freelancers in the U.S.
New Law Redefines Employees and Contractors
March 7, 2024 // Data suggest worker misclassification may be the exception rather than the rule in many industries. Surveys consistently show that most independent contractors prefer their independence. Around 79% of them prefer their arrangement over a traditional job, according to the U.S. Bureau of Labor Statistics, while fewer than one in 10 contractors want a traditional work arrangement. "Since a lot of older Americans do seek out these flexible forms of work as they near retirement — or after — this rule will likely lead to reduced work opportunities for them." Implemented in 2020 when acting U.S. Labor Secretary Su was California's labor commissioner, California's Assembly Bill 5, or AB5, similarly set out to protect workers by getting more people on the payrolls. But many Californians working as legitimate contractors suddenly lost income after businesses and nonprofits stopped working with them as freelancers and didn't hire them as employees.