Posts tagged Open Competition Center

    Opinion: Biden must reverse course and protect independent contractors

    June 17, 2022 // With this new rulemaking period, the administration has a chance to turn the page on its stridently anti-independent contractor stance. Any new rules should protect the right of Americans to make a living outside of a traditional employment relationship. Under current law, there are two ways an individual can have a relationship with someone that is paying you. The first is an employee, where a person that is paying the individual has total control over how, when, and where the work is being done.

    Biden Administration Continues Waging War on Freelancing

    June 10, 2022 // The U.S. District Court for the Eastern District of Texas ruled the department violated the Administrative Procedure Act of 1946 by only offering a 19-day comment period on the “delayed” IC rule. Governmental agencies must allow 30-60 notice-and-comment periods. The Coalition for Workforce Innovation et al. v. Walsh decision reads like this, “Having vacated the Delay Rule, the court turns to the Withdrawal Rule. Plaintiffs claim that the Withdrawal Rule is arbitrary and capricious, in violation of the APA. Again, the court agrees.”

    Biden Department of Labor Must Protect Independent Contractors in New Rulemaking

    June 7, 2022 // Independent contractors should be concerned with the Biden Administration’s hostile posture towards freelance work. The administration has worked on withdrawing the Trump Independent Contractor Rule since the day of President Biden’s inauguration. The Trump Independent Contractor Rule created an “economic reality” test to determine whether the individual in question works for themselves or their employer. The test looks at two “core factors” to determine the individual’s status: 1) “the nature and degree of control that the individual has over the work itself” and 2) “the opportunity for profit or loss based on the individual’s investment or initiative.” This test clarified the definition of an independent contractor Coalition for Workforce Innovation v. Walsh

    Sanders’ pro-union budget committee hearing shows Democrats’ true agenda

    May 6, 2022 // Ranking Member Lindsey Graham’s (R-S.C.) observation during the hearing was exactly correct — under Sanders’s direction, the Senate Budget Committee has taken a dangerous and partisan turn. Instead of focusing on issues under jurisdiction, Sanders would prefer to use his chairmanship as a bully pulpit to push a pro-union agenda and target companies he dislikes for purely political reasons.

    Bernie Sanders Announces Wasteful, Politicized Senate Budget Hearing

    May 5, 2022 // In reality, this hearing is designed to paint a single company in a bad light and gin up momentum for the nascent Amazon Labor Union (ALU). By any fair measure, this hearing is outside the Budget Committee’s jurisdiction and is part of a government-wide effort to expand organized labor’s power at the expense of American workers.

    Senators Introduce Employee Rights Act of 2022

    March 25, 2022 // The Employee Rights Act of 2022 is also co-sponsored by Senate Health, Education, Labor, and Pensions Committee Ranking Member Richard Burr (R-North Carolina), Senate Minority Leader Mitch McConnell (R-Kentucky), and Senators John Thune (R-South Dakota), John Barrasso (R-Wyoming), Mike Braun (R-Indiana), Roger Marshall (R-Kansas), Jerry Moran (R-Kansas), Tommy Tuberville (R-Alabama), Jim Risch (R-Idaho), John Cornyn (R-Texas), Steve Daines (R-Montana), Cynthia Lummis (R-Wyoming), Cindy Hyde-Smith (R-Mississippi), Bill Hagerty (R-Tennessee), John Boozman (R-Arkansas), Roger Wicker (R-Mississippi), Thom Tillis (R-North Carolina), Kevin Cramer (R-North Dakota), Mitt Romney (R-Utah), Tom Cotton (R-Arkansas), Jim Inhofe (R-Oklahoma) and Ron Johnson (R-Wisconsin). Representative Rick Allen (R-Georgia) is introducing companion legislation in the U.S. House of Representatives.

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