Posts tagged Obama Era
Independent Contracting – Proposed Department of Labor Rule
October 19, 2022 // The Biden Department of Labor (DOL) proposed a new independent contractor rule on October 11, 2022 to address what Secretary Walsh deems “misclassification” of workers. This would replace a current DOL rule from the Trump administration that went into effect in March 2021 – a rule which the Biden administration improperly attempted to rescind that provided clarity to the “economic realities” test used to determine the employment status of workers under the Fair Labor Standards Act (FLSA).
Uber, Doordash plunge after Labor Department proposes change to gig worker classification
October 11, 2022 // The Biden Labor Department released a proposal Tuesday that could make it possible for gig workers to be reclassified as employees, rather than contractors. The proposed rule sent stocks of gig companies like DoorDash, Lyft and Uber down. It comes after a court reinstated a Trump-era rule Biden’s Labor Department tried to block that would have made it easier to classify gig workers as contractors.
U.S. labor board eyeing changes to Trump-era union election rules
June 23, 2022 // Proposed election rules could come as soon as September Trump-era rules seen as harming unions Agency also eyeing expanded rights for contract, franchise workers A set of rules adopted by the board in 2020 changed certain deadlines and other procedural requirements, with the effect of drawing out elections for additional days or weeks. A longer election process is typically seen as a disadvantage to unions.
Sanders hearing: Federal contractors are guilty until proven innocent, keep workers in the dark on rights
May 4, 2022 // U.S. Sen. Bernie Sanders, I-VT, wants to stop workers from knowing about their rights and also go back to the days of employers being guilty until proven innocent. The Senate Budget Committee Chairman will hold a hearing Thursday asking “Should Taxpayer Dollars Go to Companies that Violate Labor Laws?”
Blacklisting Federal Contractors
May 4, 2022 // Congressional Democrats have taken a renewed interest in resurrecting a failed Obama-era executive order, “Fair Pay and Safe Workplace (EO 13672),” also known as “Blacklisting.” The stated goal of the Blacklisting executive order, and subsequent regulations, was to promote efficiency in government procurement by ensuring federal agencies contract only with “responsible” contractors who comply with federal and state workplace laws.
Ranking Member Foxx, RSC Chairman Banks, Rep. Allen Lead Amicus Brief Supporting Independent Contractors
February 10, 2022 // Ranking Member Virginia Foxx (R-NC), RSC Chairman Jim Banks (R-IN), and Rep. Rick Allen (R-GA) led a group of House Republicans in filing an amicus brief to the National Labor Relations Board (NLRB) in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021). This case comes as the Democrat-controlled NLRB is set to consider upending established precedent on classifying independent contractors. The brief argues that the standard for classifying independent contractors, which emphasizes the importance of entrepreneurial activity, must be upheld and that changes under the National Labor Relations Act must come through Congress.
Unions, Dems urge lower bar to unionize small groups of workers
January 24, 2022 // Targeting smaller groups of workers can be a key organizing strategy when unions do not have the support of a company's entire workforce.
2021: Labor Policy In Review Worker freedom continues to advance
December 27, 2021 //
NLRB considering overhaul of test for approving smaller unions
December 7, 2021 // The National Labor Relations Board on Tuesday called for input on whether it should revive an Obama-era standard making it easier for unions to organize small groups of employees within a workplace, which had been sharply criticized by trade groups.