Posts tagged reclassification
Proposed NJ regulations would impact up to 1.7 million self-employed workers
August 5, 2025 // Director of Independent Women’s Center for Economic Opportunity Patrice Onwuka told The Center Square that “New Jersey is proposing to alter its employment test that determines whether a worker is an employee or an independent contractor.” Onwuka said that “instead of greater clarity, simplicity, and certainty, the NJ Department of Labor is introducing new uncertainty, confusion, and complexity” with this ABC test. The ABC test would go from three one-sentence factors that must be met to prove independent contractor status to three factors each burdened by numerous sub-factors or, as shown in an Independent Women news release.
Op-Ed: Question 3 Still a Question: Massachusetts’ Experiment in Sectoral Bargaining for Gig Workers
April 10, 2025 // These impracticalities explain why Question 3 embraces sectoral bargaining. Under this regime, once the drivers form a union, that union will represent all the drivers in the state, no matter what rideshare company they work for. (Rideshare companies can also team up to simplify the negotiations.) This will put the drivers in a vastly superior bargaining position than if they had to incrementally organize smaller units of drivers or even company by company, as is the norm under the NLRA. Under the NLRA, organizers would next have to get the support of 30% of drivers in a bargaining unit before being able to call an election. But how do organizers reach that 30%? For rideshare drivers, there is no workplace where everyone congregates. The closest equivalent is the airport parking lot, where many drivers wait to get a ride request. But to even encounter 30% of drivers there, much less to convince that 30%, could be a prohibitively high bar. Additionally, driver turnover is high. By the time 30% is convinced, those drivers may have moved on, a new cohort taking their place. Part-timers also pose a problem. For these reasons, Question 3 requires that the would-be union collect signatures from only 5% of Active Drivers (defined as those that have completed more than the median number of rides in the last six months). That is a much more plausible bar to clear, given that rideshare drivers are quite literally a moving target, in time and in space.
What was the impact of AB5 on California’s marginalized communities?
March 31, 2025 // Esther Hermida, a representative of the American Alliance of Professional Translators and Interpreters (AAPTI) testified about AB5’s impact on thousands of citizens in her industry comprised of 75 percent women. One professional translator, Ildiko Santana, reported she started her small business in 2000 as an immigrant and woman of color. She lost all 50 clients and all her income in 2020 when AB5 went into effect.
Opinion: Congress Must Oppose Big Labor’s “PRO Act” Power Grab
March 14, 2025 // In the 2024 election cycle, labor unions gave nearly 90 percent of their political donations to Democratic Party candidates. For large unions like the National Education Association (NEA), as much as 99 percent of political donations went to Democrats. The PRO Act is a return on investment for the hundreds of millions of dollars that union bosses continue to pour into Democrat coffers.
The Next Wave Commentary: Kim Kavin
March 4, 2025 // In the wave of freelance busting that started with California’s Assembly Bill 5, the method of attack was the reclassification of independent contractors as employees. That method created massive backlash everywhere it was tried, so now, a new method is being tried. That new method is called sectoral organizing. This strategy of freelance busting in multiple states is usually a setup for a nationwide attack against us all. Independent contractors nationwide just learned this the hard way, with California’s Assembly Bill 5 ultimately leading to the introduction of the federal Protecting the Right to Organize Act. The freelance-busting brigade is, once again, doing a test run of its idea in the states, with bigger ambitions on the horizon.
Frisard’s Transportation v. Department of Labor
June 26, 2024 // And the rule affects far more than the 350,000 owner-operator truckers that operate across the nation. It will affect 70 million freelancers in industries across the country, pushing them towards an employment status when 80% of them want to be independent. Similar legislation in California led to a loss of over 10% of freelancers. With the help of the Pelican Institute, Frisard’s has filed a lawsuit against the Department of Labor, arguing that the new rule is arbitrary and exceeds the department’s statutory authority. The company asserts that the rule undermines the certainty businesses and independent contractors need to operate efficiently and is inconsistent with the Fair Labor Standards Act and precedent set by the U.S. Supreme Court and the Fifth Circuit.
Side Hustles in Focus as Gig Worker Laws Stir Uncertainty
May 1, 2024 // In the debate over the classification of gig workers, Massachusetts finds itself at the center of a legislative whirlwind, echoing a lengthy battle around California’s AB5 Gig-worker law. Proposals to reclassify Uber and Lyft drivers as employees rather than independent contractors have sparked heated discussions about labor rights and the unintended consequences of regulatory measures.
UPS Teamsters strike threat lingers, here’s how a strike could impact non-union workers
July 14, 2023 // Non-union workers are likely to see additional workload expectations in the event of a strike. Management, supervisors and other clerical staff that may not be covered by the Teamsters contract "could be told to keep the packages moving" while the union members walk the picket lines, Morris said. Clark said UPS could try and lean on the non-union workers to keep the company afloat during a strike.