Posts tagged overtime
Fair pay for Uber drivers belongs on ballot, Massachusetts court suggests
May 7, 2024 // A group supported by Uber, Lyft, DoorDash and Instacart is promoting ballot initiatives that would establish that the companies’ drivers are contractors who are exempt from the state’s employment laws — which means that they aren’t entitled to minimum wages, overtime, paid sick leave, unemployment insurance or health benefits. Meanwhile, an initiative promoted by drivers would allow them to form a union and engage in collective bargaining. Both sides claim the other is trying to confuse voters and “logrolling” by combining unrelated provisions into one petition. The state attorney general’s office approved all the initiatives and found itself in the odd position of defending both sides in court.
MAINE: Mills vetoes farm worker minimum wage hike
April 28, 2024 // "Small family farms will no longer be independent businesses, but will be subsidiaries of large producers contracting out production processes or out of business completely," Julie Ann Smith, the bureau's executive director, said in recent testimony. "You do not have masses of agricultural workers clamoring for unionization. But you have farmers pleading with you not to destroy their livelihoods." Lawmakers could vote to override Mills' objections when they reconvene in August, but the slim margin by which the package of bills was passed will make it difficult to garner the two-thirds majority needed to reverse the governor's decision. In 2022, lawmakers failed to muster enough votes to override Mills' veto of a similar farm worker package that had called for closing loopholes in state and federal labor laws for farm workers, who are not covered by Maine’s minimum wage and overtime regulations.
How changes to ‘noncompete’ agreements and overtime could affect workers
April 26, 2024 // They’ll also have to determine how they will budget for the extra pay for overtime. Small businesses will have the toughest time. “Some are going to have to cut workers,” Hollis said. “Others will have to cut hours from existing workers. “Some are going to have to raise prices, and some probably won’t be able to figure out a way to make it economically work and wind up having to shut down, unfortunately.”
Commentary: JOHN STOSSEL: Unions Wanted To Help Freelance Workers. Now They Lost Their Jobs
April 17, 2024 // Vox called the law “a big win for workers everywhere.” Ha! A few months later, Vox media layed off hundreds of freelancers. “They expected that all these companies were going to reclassify independent contractors as employees,” freelance musician Ari Herstand told me. “In reality, they’re just letting them go!” Herstand was dismayed to learn that when he wants other musicians to join him, he could no longer just write them a check. “I have to put that drummer on payroll, W2 him, get workers’ comp insurance, unemployment insurance, payroll taxes!” he complains. “I have to hire a payroll company.”
What’s Working: Why unionizing in Colorado, a modified-right-to-work state, sees limited success
March 13, 2024 // The Peace Act rules require three-quarters of eligible workers to participate in a second vote, if they already successfully voted in an NLRB election. Without it, the union has less bite since it doesn’t represent all eligible workers and cannot collect dues from those who don’t join. The NLRB’s vote needs just a simple majority. “This is where it gets kooky,” said Alejo R. González, political and community coordinator at Service Employees International Union Local 105 in Denver. “So you could literally win the vote 55 to zero and still lose because you didn’t get 75% of the people to vote. That 75% turnout is insane. It’s hard to get that many people to vote. … And a lot of companies won’t start bargaining until that happens.”
Everything You Need to Know About the Department of Labor Independent Contractor Rule
March 12, 2024 // The DOL does not provide an analysis of how many independent contractors will actually become employees. Let’s say a company is contracting with 100 photographers, all of whom are affected by this rule: how many of those photographers will become employees? It’s clearly not all 100 of them. To unpack the potential benefits (and costs) on workers, we need some analysis into how many of those 100 freelance photographers would become employees. Another consideration for the benefits side of the equation is whether most independent contractors are currently working with small businesses or larger ones. This matters because, as I point out in a previous post, many small businesses do not provide healthcare insurance, retirement benefits, or maternity benefits to their employees. This means that the “benefits” differences between an independent contractor and an employee at a small business are smaller than expected.
Beware the labor regs of March!
March 11, 2024 // A new rule from the federal government meant to protect workers is set to take effect today, March 11. It will instead leave most workers worse off by limiting their options for employment. Businesses will likely pull back from hiring entirely in many cases because the rules make it too risky. The rulemaking in question is the Labor Department’s (DOL) worker misclassification rule. The stated intent is to prevent situations where employers exploit workers. The rule is extremely vague on when business activities trip the line to exploitation however. DOL essentially leaves it up to federal regulators to decide. The rules won’t change things overnight. Regulators will still have to pursue cases based on them and court fights are sure to follow. But today is the day the mischief will officially start.
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.”
How Dartmouth College’s unionization case could impact athletes at University of Arizona, ASU
February 28, 2024 // In the event Sacks’ ruling is upheld and Dartmouth men’s basketball players are allowed to unionize, the players could collectively bargain for a number of issues. “They could organize, they could form their unions, they could strike if they don’t like working conditions,” said Aaron Hernandez, assistant dean and executive director of Allan “Bud” Selig sports law and business program. “They could collectively bargain if the university is earning a check based off of some TV deal, as part of the greater conference.