Gig economy: Freelance workers sue Biden over labor rules pressuring them to be regulated as employees

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Over 2,500 freelancers from various professions, including writing and truck driving, have united under the banner of Fight For Freelancers to file a lawsuit against the Biden Administration.

The lawsuit targets a new U.S. Department of Labor rule that pressures businesses into categorizing independent contractors as employees, a move that the coalition argues is antithetical to how many workers want to engage in the work force.

Wilson Freeman, an attorney with the Pacific Legal Foundation, said the new Biden rule is too vague.

“The Labor Department’s new classification rule blurs the line between independent contractors and employees. This not only confuses businesses but also poses a threat of severe civil and criminal liabilities,” Freeman stated. The rule’s vagueness, he said, leaves businesses in a state of uncertainty, with only the Department of Labor having the clear authority to determine the nature of a contracting relationship.

The Fight For Freelancers coalition lawsuit is the first to be filed agains the Biden anti-gig-economy rule. The freelance workers who filed the lawsuit in Georgia on Tuesday afternoon say the Biden rule violates the U.S. Constitution.

Kim Kavin, one of the litigants, said, ““Opposition among independent contractors to this proposed rule change has been widespread and overwhelming—just as they were with previous state and federal legislative attempts to limit the choice of self-employment since 2019. Misclassifying us as employees is not protecting us. It is attacking us and attempting to destroy our chosen careers.”

The rule is to take effect on March 11 and will impact millions of contractors in America, driving up labor costs for businesses that use contract labor, including healthcare and app-based “gig” services like Uber, Lyft, and DoorDash. It may also impact freelance writers, who have said that the Labor Department ditched a much more independent worker-friendly Trump Administration rule that was accepted by both businesses and freelancers.

That Trump-era rule said the factors used to classify workers included the degree of control that a company exercises over a worker’s daily work schedule.

The new rule includes things like how permanent the work is, the degree of skill needed, the initiative required, and if the work performed is at the core of the company’s business.

The plaintiffs are seeking a temporary injunction while the lawsuit, Warren v. U.S. Department of Labor, goes through the courts.

5 COMMENTS

  1. In order for leftists to keep a hold on the absolute power they crave so much, they must keep the average person down. Control the masses is the goal.
    If people can work, and earn without strict government controls, that disrupts the leftists plans for total population control.
    .
    Remember, the ultimate goal of the leftists is absolute power, with all worshiping at the altar of the all-powerful State.

  2. The goal seems to be welfare for all. We are told of such things as a housing shortage here, yet it is merely a regulatory overage stopping skilled craftsmen from practicing their trade in the free market by high permitting processes designed by large contractors and implemented by their government partners. This under the false narrative of protection from the crooks. We see who the real crooks are. You can easily be denied any permit application on your own property unless you play the game. Only outlaws can build their own homes or make improvements themselves.

  3. Again, I will point to any apologist or shill for the ruling regime whose sockpuppet face is China Joe Potatohead to point to a single policy of that rogue and illegitimate regime, ANY policy, that is not expressed designed to undermine and destroy our economy, our freedoms and our country. Just one.

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