Posts tagged Trump Administration

    Biden’s regulatory machine wants to stifle the freedom of the American worker

    October 31, 2022 // Frankly, workers are not helpless. They are perfectly capable of choosing their own lifestyles and can evaluate their labor choices along with the compensation and benefits each provides. We currently have an economy in which, for the entirety of 2022, the number of job openings has nearly outnumbered unemployed workers 2-1. If these “gigs” were so horrible, these people would seek other employment. Moreover, the Biden administration’s mandated reclassification would significantly increase the cost of doing business for both small businesses and large companies such as Uber, Doordash, and others that provide unique economic opportunities for gig workers. This heavy-handed regulatory approach will discourage entrepreneurial innovation and result in added costs that will be passed along to the consumer.

    A fearful October for entrepreneurs

    October 29, 2022 // The National Labor Relations Board (NLRB) is coming after the almost 800,000 franchise owners who employ 8.5 million people. The board’s proposed “Joint Employer” rule, would have catastrophic effects on the franchise industry and restrict the opportunities of small business owners who are franchisees. The NLRB rule would force franchisors — distant corporate headquarters — to come between franchisees and their employees. It would do so by making both the headquarters and the small business employers of workers at the franchisees’ store. Franchisors would become jointly liable for employment issues involving workers or contractors who are employed or “directly controlled” (as the current standard notes) by a small business.

    Independent Contracting – Proposed Department of Labor Rule

    October 19, 2022 // The Biden Department of Labor (DOL) proposed a new independent contractor rule on October 11, 2022 to address what Secretary Walsh deems “misclassification” of workers. This would replace a current DOL rule from the Trump administration that went into effect in March 2021 – a rule which the Biden administration improperly attempted to rescind that provided clarity to the “economic realities” test used to determine the employment status of workers under the Fair Labor Standards Act (FLSA).

    Is the Uber, Lyft and gig economy battle over workers nearing its end game?

    October 17, 2022 // Proposed Department of Labor rules stop short of classifying Uber and Lyft drivers as employees. But the Biden administration’s pro-worker bias has analysts wondering what may come next in the battle over the gig economy and union momentum in the U.S. workforce. In a worst-case scenario, costs could rise as much as 30 percent for on-demand transportation companies just getting to break even, analyst says, and that means fares may rise as well.

    If You Like Your Uber, Can You Keep Your Uber?

    October 14, 2022 // Democratic administrations favor having fewer independent contractors and a standardized set of benefits. This gives more power to unions to organize workers. If Uber were the employer of all drivers, a union could ask Uber to support unionizing the labor force. It is practically impossible to organize independent contractors. Public sector unions made 90 percent of their contributions to Democratic candidates in the 2020 election cycle, according to OpenSecrets.com. With the share of wage and salary workers who belong to unions declining from 20 percent in 1983 to 10 percent in 2021, unions are under pressure to recruit more members to fund union officials’ salaries and member pension plans.

    Uber, Doordash plunge after Labor Department proposes change to gig worker classification

    October 11, 2022 // The Biden Labor Department released a proposal Tuesday that could make it possible for gig workers to be reclassified as employees, rather than contractors. The proposed rule sent stocks of gig companies like DoorDash, Lyft and Uber down. It comes after a court reinstated a Trump-era rule Biden’s Labor Department tried to block that would have made it easier to classify gig workers as contractors.

    Biden Proposal Could Lead to Employee Status for Gig Workers

    October 11, 2022 // The proposal is intended as a so-called interpretive rule that doesn’t have the legal force of a regulation specifically authorized by Congress, and it applies only to laws that the department enforces, such as the federal minimum wage. States and other federal agencies, like the Internal Revenue Service, set their own criteria for employment status, and the rule would not directly affect what they decided about the status of gig workers. But many employers and regulators in other jurisdictions are likely to consider the department’s interpretation when making decisions about worker classification, and many judges are likely to use it as a guide. As a result, the proposal is a potential blow to gig companies and other service providers that argue their workers are contractors, though it would not immediately affect the status of those workers.

    Union arbitrators are protecting truly awful government employees

    October 10, 2022 // Federal personnel challenges go beyond the civil service system. Federal unions are also a big part of the problem. The government was not supposed to operate this way. Congress expressly directed agencies not to tolerate misconduct and to fire poor performers. The Civil Service Reform Act of 1978 even made these directives “Merit System Principles.” But agencies come nowhere close to upholding these principles. Barely a third of federal employees say their agencies remove employees whose performance is persistently poor. Half report poor performers stay on the job and continue to underperform.

    Unions Are Making a Last-Ditch Effort to Expand Bargaining Rights for VA Medical Professionals

    September 30, 2022 // Officials with multiple federal employee unions on Tuesday urged congressional leaders to call up legislation expanding collective bargaining rights for medical professionals at the Veterans Affairs Department for a vote.

    What expanding the “joint employer” rule will mean for unions

    September 8, 2022 // That’s changing now that Democrats are in the White House, and Democratic appointees control the Labor Department and National Labor Relations Board. For instance, the NLRB has just proposed a new labor-friendly rule on “joint-employer” status intended to reverse a Trump-era rule that was more friendly to employers. The NLRB’s new proposed joint-employer rule will make it easier for employees who work for a contractor, staffing or temp agency, or franchise, to drag the big companies higher up the employment chain into labor disputes.