Posts tagged self-employed
A giant barrier to being self-employed is falling, state by state
April 13, 2026 // As more states pass permanent reforms, millions of independent contractors could gain access to benefits they’ve never enjoyed. But states aren’t the only ones that can act. Congress could also amend federal law so that companies may offer benefits without facing liability. Sen. Bill Cassidy (R-Louisiana) and Rep. Kevin Kiley (I-California) have introduced bills to that effect in their respective chambers. They deserve the support of the full Congress and the White House in giving millions more workers long-term financial security along with the flexibility that self-employment provides. The portable benefits revolution can’t sweep the nation fast enough.
Commentary: Freelancers are not victims. Federal regulations should stop victimizing us
April 7, 2026 // The Trump 2026 IC rule follows the framework of the Trump 2021 IC rule, but applies modifications to the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Workers Protection Act (MSPA). The modifications narrow previously broad language on what constitutes an “employee,” while delineating that independent contractors are not employees. The 2026 IC rule further nullifies the six-factor “economic reality” test housed in the 2024 Biden IC rule.
2026 Independent Contracting- DOL Rulemaking
March 5, 2026 // The proposed rule would revise federal standards for classifying workers under the Fair Labor Standards Act (FLSA). It would also rescind the 2024 independent contractor regulation and largely restore the January 2021 framework, with clarifications and updates. The proposal returns to a traditional “economic reality” analysis focused on whether a worker is in business for themselves or economically dependent on an employer. In particular, it restores emphasis on two core factors: The degree of control exercised by the company The worker’s opportunity for profit or loss
Empowering Idaho’s self-employed workforce with portable benefits
November 15, 2025 // What’s notable is that these workers aren’t asking for government mandates or subsidies. They’re asking for the freedom to participate in modern systems of security without sacrificing the independence they’ve chosen. Portable benefits meet that need — offering stronger financial security without compromising the initiative and determination that define Idaho’s workforce. By removing outdated barriers to voluntary portable benefits, Idaho can prove that independence and security not only coexist — they make each other stronger.
Op-Ed: Instead of subsidy fights, Georgia should allow ‘portable’ benefits
October 20, 2025 // Meanwhile, other states have taken the lead on the matter. Utah, Tennessee and Alabama have all formally recognized portable benefits as a form of independent contractor compensation. Georgia can be next by passing a safe harbor portable benefits model, which will cost the state and federal government zero taxpayer dollars. It simply clarifies that companies can contribute to portable benefits accounts if they want and doing so is not evidence of an employee/employer relationship.
COMMENTARY: If Mamdani Wins, the Gig (Work) Is Up
October 3, 2025 // California shows the answer. In 2019, California passed a law attacking independent work. The state’s many photographers, freelance writers, translators, and designers quickly discovered that their once-lucrative work had dried up. Company after company cut jobs. The Mercatus Center found that one out of 10 self-employed jobs disappeared in short order. Even worse job losses were surely on the horizon. Recognizing the danger, California voters almost immediately passed a ballot measure that gave app-based workers and app-based companies the freedom to once again enter into freelance arrangements. The legislature then passed another law to carve out a dozen more professions. But those carve-outs didn’t apply to many other freelancers, like independent truckers, whose ability to work in California remains much more difficult. To this day, because politicians strangled freelance work, Californians have fewer of the jobs they want and need.
Commentary: Unions Are Shrinking Nationwide—But Not in California
September 3, 2025 // California, though, is noteworthy for its steady union presence. It hasn’t fluctuated much since 2005, despite the national decline. Further, the federal data set used to produce the union figures does not include home health care and child care workers who are classified as self-employed. In California, that takes in some 700,000 workers, even though their hourly wages are negotiated with individual counties through unions.
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.
Federal and State Leaders Take Aim at Empowering America’s Flexible Workforce
July 16, 2025 // However, while federal leaders build support for national reforms to help workers all across America, states are not sitting idle. They know that not only do self-employed workers support greater access to portable benefits, but their residents in general think this warrants policy reforms as well. Instead, many are forging ahead with legal pathways for flexible, portable benefits, maximizing what they can do at the state level in ways that will be further enhanced by federal reforms when they occur. Many states introduced legislation this year to legalize voluntary benefits, but several pioneering states now have laws enacted.
Federal lawsuit alleges discrimination against Vietnamese women nail techs
June 3, 2025 // Licensed barbers, cosmetologists, estheticians and electrologists can still work as independent contractors under state labor law without being subjected to a rigorous test. But exemptions under Assembly Bill 5 expired this year for manicurists. The change has left manicurists and nail salon owners alike confused as to whether non-employees can continue renting booths for their businesses — a decades-long industry practice.