Posts tagged overtime
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.
Biden’s campaign plans to recognize a union organizing effort from its staff
February 26, 2024 // The move will trigger a collective bargaining effort between the reelection effort’s leadership and qualifying staff over conditions like salary, working hours and overtime pay. The union will represent staff in headquarters and based in battleground states. Biden’s staff union will affiliate with the Campaign Workers Guild, which has represented staff for a number of Democratic state parties and other campaigns. Members of the Democratic National Committee staff officially formed a union in 2022, joining the SEIU.
Collateral Damage in the War on ‘Gig Work’
February 12, 2024 // A new Department of Labor rule regarding independent contractors is likely to hurt overall employment.
Fed-up and furious: Gov urged to put State Police into receivership
February 8, 2024 // Galvin said a key issue still not addressed is the power the State Police union has, especially having sergeants allowed in the union as they oversee troopers who are fellow members. "The union has way too much power," he said. "It's an investigation of power from the Legislature on down with no oversight." All this, he lamented, as they MSP "goes down the tubes."
The Department of Labor Returns to the Totality-of-the-Circumstances Test for Worker Classification
February 6, 2024 // Employers in states with stricter rules must meet whichever standard provides the greatest protection for workers. Regardless of the analysis applied, remember that workers cannot “waive” their status as an employee and voluntarily elect to be an independent contractor. Highly Regulated Industries Take Note The Final Rule purports to address the concerns that compliance with “legal obligations, safety or health standards, or requirements to meet contractual or quality control obligations may indicate control[.]” The DOL sought to address this concern by stating “actions taken by the potential employer for the sole purpose of complying with a specific, applicable Federal, State, Tribal, or local law or regulation are not indicative of control.” However, the DOL makes clear that anything going “beyond compliance” with these laws or regulations potentially indicates control—a distinction likely to be litigated in misclassification disputes. Bottom Line: Franchisors Must be Cautious of the Restrictions and Controls it Places Over Franchisees.
Pro-Worker, Not Pro-Union
January 31, 2024 // What the Right has often overlooked in this debate is that the protection of independent-worker status can be coupled with a revamping of worker-benefit options. Lack of benefits is frequently cited as the main drawback of independent work. Republicans could burnish their pro-worker credentials, while protecting businesses from reclassification and other draconian left-wing policies, by proposing a flexible benefit setup for contractors and gig workers that has features similar to a SEP-IRA. It would use a system of employer contributions while giving workers the ability to make pre-tax contributions of their own. The funds could be used for benefits such as paid sick leave, unemployment insurance, or even health insurance, some of which could be purchased through newly created worker-benefit exchanges that act as brokerages for the benefits. Benefit-flexibility concepts can be applied as well to retirement savings, even those of noncontract workers. The current system largely relies on employer-based retirement plans, but many workers find it difficult to roll old retirement accounts over to new jobs. That has led to a proliferation of abandoned “orphan” accounts. Automatic portability for retirement accounts would make it possible for more workers to take their accounts with them to new jobs. Also due is a nuanced rethinking of noncompete agreements in labor contracts. While libertarian notions of the freedom of contract have long led right-leaning policy-makers to resist the imposition of restrictions on contractual arrangements, recent years have seen more free-market proponents question the efficacy of noncompetes with respect to their impact on worker freedom and earnings.
Daily News journalists walk off the job for the first time since 1991
January 26, 2024 // The Daily News' union said staff walked out because they are fed up with Alden Global Capital's constant cuts and apparent commitment to shrinking the paper. Alden Global Capital is an investment firm that in 2021 purchased Tribune Publishing, the company that previously owned the newspaper and many others. The union says management is trying to cut overtime across the board, but explained because staff is small, metro reporters often work overtime to provide the best possible coverage.
Commentary: Biden’s Independent-Contracting Rule Destroys Worker Independence
January 16, 2024 // A recent regulatory change by the Biden administration is so poorly designed, there’s no telling exactly how many workers will be hurt.