Efforts to Safeguard Gig Workers from Government Control

A congressional committee, led by U.S. Rep. Virginia Foxx, is pushing to retain the independent contractor model in the American workforce, raising concerns over the Biden administration's efforts to classify more workers as employees. In a letter to interim Department of Labor Secretary Julie Su, Foxx accused her of obstructing the committee's oversight by failing to provide requested data regarding the administration's actions. The committee has set a deadline of August 22 for Su to respond. Foxx, who chairs the House Committee on Education & the Workforce, highlighted the importance of the information in reviewing the Department of Labor's final independent contractor rule. The new law, enacted on March 11, outlines six criteria that determine the legal protections and compensation for independent workers, shifting the focus from the previous rule that emphasized employer control and entrepreneurial opportunity. The committee is particularly interested in instances of worker misclassification and enforcement investigations dating back to President Biden's inauguration. They are also examining whether these investigations have been coordinated with the National Labor Relations Board and the Federal Trade Commission. With an estimated 70 million Americans working as independent contractors, the committee's findings could have significant implications for this segment of the workforce. Foxx's letter follows criticism of the Labor Department's recent rule affecting farm workers in the H-2A program, which has drawn backlash from multiple state attorneys general. Concerns have been raised about the department's approach under Su's leadership, with accusations of attempting to bypass congressional authority established by the National Labor Relations Act of 1935.