Commentary: New Biden Labor Dept. Rule Likely to Hurt Millions of Small Businesses, Independent Contractors

Remote Worker

Some 99% of American companies are small businesses, and 100% of businesses started out small, but a recently finalized rule from the Biden administration’s Labor Department will make it harder for small businesses to start, grow and succeed.

As of last May 1, a White House news release pointed out, “Young firms, which often start small with few employees, are a driving force in job creation.” That’s been particularly true since the COVID-19 pandemic, as small businesses with fewer than 50 employees have accounted for a growing share of new jobs.

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Biden Admin Releases New Labor Rule Cracking Down on Independent Contractors

Remote Worker

The Department of Labor announced Tuesday the final version of a rule that will force companies to recognize some workers as employees instead of independent contractors.

The new rule goes into effect on March 11 and rescinds a previous rule establishing independent contractors as a separate class of workers under the Fair Labor Standards Act that was put in place in January 2021 under the Trump administration, according to the DOL release. The rule could raise labor costs by up to 30% for employers who utilize independent contractors, such as app-based services like Uber or Lyft, which offer a freelancing model, as employers would have to adhere to minimum wage and overtime laws, according to Reuters.

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Biden’s Labor Department Is Planning to Shake Up a Key Rule for Gig Workers

The Department of Labor on Tuesday announced a proposed change to rules governing independent contractors that could re-classify millions of gig workers as full employees, dramatically increasing their chances to obtain certain benefits.

The Labor Department repeatedly characterized the move as a way to reduce “misclassification” of workers who deserved to be counted as employees in a document explaining the rule change. If the new rule is approved, millions of workers that do not currently qualify for minimum wage, overtime, Social Security contributions and other benefits, could see their standing reconsidered, according to The New York Times.

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California’s New Pro-Union Law Could Grind the Supply Chain to a Halt

California truckers are protesting across the state to express their disapproval of Assembly Bill (AB) 5, a new law backed by unions that reclassifies them as employees rather than independent contractors and could send shockwaves through an already-stressed supply chain.

The regulation was partly enacted to protect gig workers at companies like Uber and Lyft that hire independent contractors in large numbers without affording them the benefits given to employees, but will complicate or render illegal the current employment status of many of California’s approximately 70,000 independent truck owner-operators, The Wall Street Journal reported. The law will likely force some truckers out of the industry, thus lowering shipping capacity and raising prices for transporting cargo in the Golden State at a time when California ports have already experienced major supply-chain bottlenecks during the COVID-19 pandemic, CalMatters reported.

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