Posts tagged Pelican Institute
Kim Kavin: Intent to Reconsider
April 8, 2025 // The federal government has indicated in court that it may rescind the Biden-Harris administration’s independent-contractor rule and undertake the process of new rule-making. Yesterday, the U.S. Labor Department filed a status report in one of several lawsuits against the Biden-Harris administration over its independent contractor rule. This status report was filed with regard to the Frisard case, whose plaintiff is represented by Liberty Justice Center and the Pelican Institute.
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.
A Lawsuit Seeks to Stop the National Destruction of Trucking Through the DOL Indep. Contractor Rule
February 14, 2024 // The U.S. DOL is using bureaucratic means to make an end-run around already failed legislation (see The PRO Act) in order to destroy independent professionals and small businesses across the nation. The Rule embeds the same tenets found in the ABC Test, which supports AB5, and we all know how well that went in California. The state's trucking industry, in particular, continues to fight hard against AB5, and their battle is being watched by the rest of the industry in other states. Now, a Louisiana business has filed a lawsuit to stop the rule, which is scheduled to take effect on March 11.
Quin Hillyer: New Orleans should not put public-sector union power into law
May 22, 2023 // Credit Sarah Harbison, general counsel for the Pelican Institute, for flagging the well-intentioned but misguided proposal by Council Vice President Helena Moreno. “Collective bargaining agreements (CBAs) are typically negotiated in secret and remain in effect for years at a time,” Harbison wrote May 11. “They generally govern pay, working conditions, and establish a reduction in force protocol that typically retains workers based on seniority rather than merit.” Union CBAs can be fine things in many instances in private enterprise, but even famously liberal President Franklin D. Roosevelt and longtime AFL-CIO union leader George Meany fiercely argued that unionizing should be anathema for public bureaucracies. Meany said that it is “impossible to bargain collectively with the government,” and Roosevelt explained that “the process of collective bargaining … cannot be transplanted into public service.”