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Businesses Government United States Politics

Biden Blocks Trump's Gig-worker Rule (protocol.com) 109

The Biden administration has blocked a Trump-era rule that would have made it easier for companies like Uber, Lyft and Instacart to continue classifying rideshare drivers and delivery workers as independent contractors under federal law. From a report: The rule pertained to the classification of gig workers under the Fair Labor Standards Act, which requires employers to pay non-exempt employees at least the federal minimum wage. The Trump administration published the rule in January 2021, and it was originally set to go into effect on March 8. In February, Biden's labor department delayed implementation until May 7. Now, the Department of Labor has officially withdrawn the rule. The decision to rescind the rule does not mean gig workers will be considered employees. But it does mean certain gig workers won't face an additional obstacle in their efforts to be classified as employees. The rule would have implemented a new interpretation of what type of worker is an independent contractor. The DOL, however, determined that it would have "narrowed the scope of facts and considerations" in determining whether someone is an independent contractor or employee.
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Biden Blocks Trump's Gig-worker Rule

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  • Build Back Better (Score:2, Insightful)

    by Anonymous Coward

    Sounds like Biden is righting some real injustices in our employment laws.

    The race to the bottom has to stop. The bottom is already well below the poverty line.

    We cannot allow businesses to operate on the basis of impoverishing their employees.

    • Re: (Score:2, Informative)

      by iamhassi ( 659463 )

      Sounds like Biden is righting some real injustices in our employment laws.

      How? The rule was going to make sure gig employees received at least federal minimum wage. Biden rescinded it, so now they may receive less than minimum wage. How does that help gig workers?

    • Yeah, that's why Biden allowed Trumps restrictions on H1B visas to lapse.
      Maybe Joe just forgot?

      • The USA needs immigrants to sustain the population. Would you prefer those immigrants to be more educated, or less?

  • All executive orders should have sunset provisions to expire with the subsequent administration, so that they have to renew it if they want it to stick.

    Probably should do the whole government that way

    • by Dusanyu ( 675778 )
      "executive orders" should never be used as a replacement for proper legislation
      • by sheph ( 955019 )
        A thousand times this. Assuming we can get back to legislators that actually make laws by the people and for the people rather than whoever has the largest checkbook.
        • Heh, people have to vote for that, if they're really interested. But you said "get back...", what time frame do you have in mind? A lot of these guys are 40 year incumbents.

      • "executive orders" should never be used as a replacement for proper legislation

        Sure. But we don't have proper legislation. So XOs fill the gaps in the law.

        If Congress doesn't like the XOs, they have the authority to overrule them.

        If the people don't like the XOs, they should change who they vote for. Elections have consequences.

      • Yup. Same argument when Trump undid any of Obama's executive orders. Frankly most of those orders are a constitutional overreach to begin with, but at least they're just as easy to get rid of.
      • Never as a replacement, but sometimes as a tourniquet until congress puts in the fix.

      • Executive orders are just royal decrees by another name.
        Proper democracies don't allow them.
      • "executive orders" should never be used as a replacement for proper legislation

        Executive orders spring from legislation. A law is passed that gives various executive branch agencies authority to issue these types of orders.

    • In Texas, state departments have an automatic sunset on them so every x number of years, the existence of the department has to be justified or it gets closed down.
  • In what world when you make make your own schedule and decide when and how much you work should you ever be considered an employee rather than a contractor... These gig workers are going to be surprised when Uber tells them when, and how long they have to work - or they're fired.
    • In a world where you have no control over what you charge, and if you refuse enough lifts (or would that be lyfts, or ubs?) you get fired.
    • Re: (Score:3, Interesting)

      by rsilvergun ( 571051 )
      In the world where you're boss sets your pay for each job done and can fire you for poor performance by removing your access to the app. As for hours Uber and Lyft both have been caught penalizing drivers for both turning down unprofitable rides and for not working during certain windows of time.

      Finally ask yourself, would Uber have a company without the drivers? I mean, if I hire a contractor to build my website selling widgets I have a company that sells widgets. I'd still have a product with or witho
  • And thus Biden helped usher in the age of automation.

    • And thus Biden helped usher in the age of automation.

      Automation is coming. Doesn't matter what old white guy lives in the White house.

      • Yes, it is coming. But stuff like this and higher minimum wages will bring it in all the faster.

        Automation will be a good thing, eventually. It's the short term that's the problem, change is painful. And in the long run we're all dead.

        • Minimum wages have to rise high enough to make it cheaper to automate in order for them to speed automation significantly. But labor costs are a small part of the cost of most products, so they have to rise a whole lot — way more than doubling.

          • My understanding is that labor costs (not just pay, but benefits, dealing with regulations, related legal issues, etc.) are a large part of most businesses. Something like Transportation Network Companies will be much more labor-heavy, and self-driving cars are coming quickly.

            And costs don't even have to be a large part of the expenses to be cut with something cheaper.

            • costs don't even have to be a large part of the expenses to be cut with something cheaper.

              Sure, but automation isn't cheap, so they do have to be significant. People are acting like robot replacements are cheap already. They are not. They will be, though.

        • by Uberbah ( 647458 )

          But stuff like this and higher minimum wages will bring it in all the faster.

          Which totally explains why Germany pays their auto workers twice as much while they produce twice as many cars. Not. And in civilized countries, increased automation means increased wages and fewer hours, not layoffs and more corporate profits. Hey look, there's Germany [usatoday.com] again.

    • And thus Biden helped usher in the age of automation.

      You need to stop jerking off to Atlas Shrugged.

  • On the covid-19 vaccine internationally. Any progressives on /. need to remember this in four years when he's up for reelection. Don't stay home.
    • by PPH ( 736903 )

      That means nothing. It's the Defense Production Act that blocks exports of critical resources. Which Trump invoked and Biden happily renewed.

      • He also just moved to waive patent rights [...]
        On the covid-19 vaccine internationally.

        That means nothing. It's the Defense Production Act that blocks exports of critical resources. Which Trump invoked and Biden happily renewed.

        Uh, what? This is about patent rights, not produced medicine.

        • by PPH ( 736903 )

          This is about patent rights

          India, for example, already produces its own vaccines. So I fail to see exactly what patents it is waiting for.

    • Waiving patents on the covid vaccine would be a great thing, but Biden is not going to run again, because he will be 82 which is too old, even for Americans.
      Taxpayers funded the vaccines, patents should not apply.
    • I'll be able to stay home because my state will still have early mail-in ballots, unlike the states where Republicans are doing their best to reduce the number of voters because if everyone votes, they will never win another election.

    • Biden's broken promises on increasing minimum wage and passing a public option.
      Biden continuing the persecution of Assange after being Obama's attack dog on journalism.
      Biden is sending more military hardware to cops than Trump did.
      Biden is continuing crushing sanctions on Venezuela and Iran.
      Biden's $20 billion increase to the Imperial Budget could end homelessness in USA.
      Biden firing White House staffers for pot after hiring pot using Kopmala.
      Biden continuing the drug war while giving his own crackhead son

  • by LatencyKills ( 1213908 ) on Wednesday May 05, 2021 @05:15PM (#61352572)
    Turns out the things they are breaking are most likely employment laws.
    • Turns out the things they are breaking are most likely employment laws.

      They've broken tons of laws (employment, transportation, insurance, etc.), but they operate on a "forgiveness before permission" model.

      No.

      Laws, rules, and regulations exist for a reason, and they are often written in blood. Lyft and Uber decided to flout then and they say, "Oh sorry, my bad". These companies all should have been prosecuted to the fullest extent of the law.

  • Uber and Lyft approve of this action - so you know it's bad for the drivers.

  • When Trump tried to rescind the many stroke-of-a-pen Obama presidential rules, he was met by a barrage of 100's of lawsuits INSISTING that just because a rule was issued by presidential fiat, doesn't mean it could be rescinded as easily.

    Doesn't anyone find it curious that I don't see similar waves of lawsuits now going the other direction (or the news isn't covering them, I genuinely don't know which is true)?

  • This is not about Uber and the gig drivers. This is about the right of a person to choose their mode of employment. Did anyone ask the govt to do this? The government's motive behind this move is to disallow small independent contractors to be 'independent' due to the taxation benefits of being independent. Once they are classified as employees, their tax burden will go up and they will be tied to their employer for benefits. It's terrible.

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