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Biden labor proposal shakes up gig economy that relies on contractors

Published 10/11/2022, 08:54 AM
Updated 10/11/2022, 07:51 PM
© Reuters. Signage is seen at the United States Department of Labor headquarters in Washington, D.C., U.S., August 29, 2020. REUTERS/Andrew Kelly
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By Daniel Wiessner, Nandita Bose and David Shepardson

WASHINGTON (Reuters) -A U.S. Department of Labor rule proposed Tuesday would make it more difficult for companies to treat workers as independent contractors, a change that is expected to shake up ride-hailing, delivery and other industries that rely on gig workers.

Gig company stocks were hammered by the news, with Uber (NYSE:UBER), Lyft (NASDAQ:LYFT) and DoorDash all falling at least 10%.

The proposal would require that workers be considered employees, entitled to more benefits and legal protections than contractors, when they are "economically dependent" on a company. It could have wide-ranging impacts on company profits and hiring, household incomes and worker quality of life.

The final rule is expected next year, after a 45-day public comment period that begins Thursday.

The Labor Department said it will consider the worker's "opportunity for profit or loss, investment, permanency, the degree of control by the employer over the worker, (and) whether the work is an integral part of the employer’s business," among other factors.

Most federal and state labor laws, such as those requiring a minimum wage and overtime pay, only apply to a company's employees, who can cost companies up to 30% more than independent contractors, studies suggest.

Millions of Americans are working "gig" jobs and this labor has become vital to some transportation, restaurant, construction, health care and other industries.

U.S. Labor Secretary Marty Walsh in a statement said businesses often misclassify vulnerable workers. "Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages," Walsh said.

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Liz Shuler, president of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), said the proposal gives the government the tools to protect workers from the "escalating problem of misclassification."

BIDEN VS TRUMP

The proposed rule is the latest move in a politically charged battle that has pitched Republicans and companies against Democrats and worker groups over the past decade. It would replace a Trump administration regulation that says workers who own their own businesses or have the ability to work for competing companies, such as a driver who works for Uber and Lyft, can be treated as contractors.

Solicitor of Labor Seema Nanda, the department's top legal official, said on Tuesday that the Trump-era rule was out of step with decades of federal court decisions.

The new proposal mirrors legal guidance issued by the Obama administration, which was withdrawn under former President Donald Trump.

It also incorporates elements of strict tests in U.S. states including California, which require companies to treat most workers as employees under state wage laws.

More than one-third of U.S. workers, or nearly 60 million people, did some freelance work in the past 12 months, a December 2021 survey by freelancing marketplace Upwork (NASDAQ:UPWK) showed.

Seth Harris, President Joe Biden's former top labor adviser, said the rule will not directly impact how courts determine whether workers are employees or independent contractors. Instead it will influence the Labor Department's "own enforcement activities and the position it takes in litigation," he said, allowing the department to argue for a much broader definition of employees under the Fair Labor Standards Act in court.

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BUSINESSES, WORKER GROUPS REACT

Worker advocacy groups welcomed the announcement, while employer groups were critical.

Nicole Moore, a part-time Lyft driver and the president of the group Rideshare Drivers United, said it was a "really important step to clarify rules at a federal level," that she hoped would "inspire lawmakers to change laws and clarify and codify against misclassification."

Christina Brown, who drives for Uber and Lyft in Arizona, said she makes $25 to $60 an hour, but describes what she takes home as "minimum wage." Gig workers' pay is eroded by expenses like gas, insurance and car payments.

Brown, however, feels the "government needs to stay out of how the middle class makes money."

Groups including the U.S. Chamber of Commerce, the largest U.S. business lobbying group and Associated Builders and Contractors, argue that any broad rule would hurt workers who want to remain independent and have flexibility.

The National Retail Federation on Tuesday said it "staunchly opposes a change" and called the rule unnecessary. Lyft said it would have "no immediate or direct impact" on its business at this time. Uber asked the administration to listen to workers.

Reclassification of workers as employees "would essentially throw the business model upside down and cause some major structural changes if this holds," Wedbush analyst Dan Ives said in a research note on Uber and Lyft.

Latest comments

Let's go Brandon. Great move with the stock market already challenged.
These gig companies are a scam, prey on people not smart enough to know the true cost of using their own vehicles. Factor in the 62.5 cents per mile rate that normal employers pay for use of a private vehicle and most make $0 per hour.
The gig economy doesn’t make as many campaign contributions as labor unions do.
trump rule out of step with federal regulations? what else is new? vote Republicans out!
Biden trying to move over Contractors to Employees in order show Job participation/hiring numbers going up. That’s going fail similar to previously tried by Obama. If contactors want it to become employees they would’ve applied for it.
Troops, pigs, politicians, and brainwashers called teachers depend on taxes rising to survive.
More inflation causing policies from Biden and the Democrats
How about applying that rule change to the Federal Government as well. It’s full of contract employees doing regular work everywhere.
This is more bien Marxist policies.Stop them or die U.S.
This will not be popular, it has been tried before. This will only increase the ride sharing and delivery fees. It is proven that This will hurt americans
Everything Biden does is designed to hurt Americans.
u guys do know he's trying to make u guys in to a more livable country xD?... something like Europe just with guns and school shootings
We know that's exactly what Anti American Slow Joe Dementia Addled Biden is doing. The real question: does this senile fool even know what the ever present teleprompter tells him to say. He's always been stupid...now he's riddled with Altzheimers.
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