Staff Reports
Amidst the political commotion in Iowa and the Hunter Biden scandal, the Biden administration has been operating inconspicuously, attempting to undermine independent contractors' livelihoods and sabotage small businesses. Recently, Julie Su, acting secretary of labor, introduced a revised Independent Contractor Rule that is threatening the lives of millions of Americans.
California's AB5 Goes National With the Independent Contractor Rule: Why You Need to Pay Attentionhttps://t.co/mkPSbZwPri
— RedState (@RedState) January 15, 2024
This regulation is predicated on the catastrophic AB 5 law that was passed in California and has already wreaked havoc on the state's independent professionals. The Biden administration, nevertheless, has chosen to implement this destructive law nationwide, resulting in the unemployment of innumerable Americans.
It is critical to comprehend that independent contractors do not merely consist of freelance economy workers. They consist of home health care providers, fabricators, farriers, dental hygienists, and soccer coaches, among other professionals. In excess of 600 occupations will be adversely affected by this regulation.
Although AB 5 was passed in California, it was met with extensive criticism. It was deemed "one of the most destructive pieces of legislation in the past two decades" by Newsom's former deputy chief of staff. Former State Assembly Speaker Willie Brown compared it to legislation that inspired him to "picket" against the "bastards" at the Capitol. Even New York's Andrew Cuomo vetoed a comparable legislation, recognizing the error that California had committed.
However, Biden ran on the platform of AB 5-based federal standard implementation, and he is now delivering on that pledge. Even the architect of AB 5, Julie Su, has been elevated by him to execute this assault on the right to earn a living.
The Independent Contractor Rule, which was officially published in the federal register on January 10, 2024, provides a fundamental rationale for the prohibition of independent contractors. It relinquishes the autonomy of independent contractors in determining their employment status and transfers that authority to the Department of Labor.
The Biden administration has established six overarching criteria for determining whether professionals operate independently or rely on prospective employers. This clearly contravenes the principles of economic liberty and personal autonomy. The rule's 345 instances of the phrase "economic reality" demonstrate the Department of Labor's determination to deny independent contractors the right to earn a living.
As part of a larger assault on small enterprises, the Department of Labor has launched this assault against independent contractors. The Joint Employer Status Rule, which was recently finalized by the National Labor Relations Board, imposes additional restrictions on the independence and financial capacity of franchisors and franchisees. Thankfully, in recognition of the damage this rule would cause, Congress has intervened to block it.
Who do these rule revisions benefit? Labor unions, which invested millions in Biden's campaign, are seeking a financial gain. This unequivocally demonstrates how the Biden administration placed union interests above the rights and means of subsistence of diligent Americans.
Representative Kevin Kiley, to their credit, is among the legislators who valiantly oppose these assaults on independent contractors. He intends to repeal the Independent Contractor Rule by utilizing the Congressional Review Act and his position as chair of the Employment and Workforce Protections Committee.
Moreover, certain judicial proceedings, including Relentless, Inc. v. Department of Commerce, may impose constraints on the authority of the government to promulgate excessively broad regulations. It is imperative that we continue to demand that the Supreme Court rule in favor of individual liberty, while Congress vigorously opposes these onerous regulations.
It is imperative that citizens of the United States take action and express their opposition to these detrimental policies to their elected representatives. The health of our economy and the liberties of independent professionals must be safeguarded.
