Washington, D.C., June 7, 2018 – Data released today by the U.S. Department of Labor, Bureau of Labor Statistics (“BLS”), in its report titled CONTINGENT AND ALTERNATIVE EMPLOYMENT ARRANGEMENTS — MAY 2017, confirm that independent contractors “overwhelmingly prefer their work arrangement (79 percent) to traditional jobs.”
The terms “employee” and “joint employer” for purposes of the National Labor Relations Act of 1935 (“NLRA”) would be given new – and more expansive – definitions by the Workplace Democracy Act, introduced in the Senate and House of Representatives on May 9, 2018, as S. 2810 and H.R. 5728, respectively.
The Coalition submitted a Statement for the Record concerning a May 16, 2018, hearing before the U.S. House of Representatives Committee on Ways and Means titled Hearing Series on Tax Reform: Growing Our Economy and Creating Jobs.
A recent decision by the Supreme Court of California – adopting a difficult-to-satisfy statutory “ABC” test to determine an individual’s status, as an employee or independent contractor, for purposes of certain “wage orders” issued by California’s Industrial Welfare Commission – demonstrates an urgent need for harmonizing the definition of “employee” for purposes of federal and state laws.
A Coalition letter with 22 signers was submitted today urging relevant House Committee and Subcommittee Chairmen and Ranking Members to support and swiftly consider H.R. 3825, the Harmonization of Coverage Act of 2017. The bill would harmonize the definition of the term “employee” for purposes of federal statutes by amending the Fair Labor Standards Act to adopt a “common law” test for defining the term.