March 30, 2021
When it comes to the future of workers’ rights in America, all eyes are on President Biden’s Secretary of Labor—Marty Walsh. On March 22, 2021, the former union leader was confirmed by the Senate, now millions of American workers and employers are left wondering: what does that mean for us?
While the long-term consequences of Walsh’s confirmation might not be known, it’s certain that change is likely coming—his work history suggests as much. A labor activist, the DOL Secretary previously headed the Laborers’ Union Local 223 and the Boston Metropolitan District Building Trades Council. There, he lobbied for a $15 minimum wage and paid family leave, among other regulatory changes.
Equally concerning, though, is the Biden Administration’s pick for Deputy Secretary of the DOL—Julie Su. The head of California’s Labor and Workforce Development Agency, Su received her first confirmation hearing on March 16. Yet another “champion” of the organized labor movement, she tellingly oversaw the implementation of California’s disastrous AB 5 legislation, which crushed the freelance and independent contracting workers within the state.
Suwas also a proponent of the widely derided ABC Test, California’s legal mechanism used to determine independent contractors from employees. Because of this test, millions of independent contractors lost their right to work as they pleased as well as a substantial source of income. The California native’s support for this ABC Test should be a major warning sign for all those who value independent contractors. Clearly, the Deputy DOL nominee doesn’t echo the sentiment.
Together with Su, Walsh is likely to bring this same progressive mentality to bear in his approach as Labor Secretary, addressing wage and worker protection-related issues. But more than that, the Biden Administration is expected to revise a number of Trump-era regulations—a sharp change from the previous administration’s business-friendly approach. With Walsh at the helm, the DOL will probably look to altera recent rule under the Fair Labor Standards Act, determining the legal standard for classifying independent contractor status.
While thisregulatory change will doubtlessly satisfy union activists and labor lobbyists, the administration must pursue policies that benefit all Americans, employers, and employees alike. If Walsh truly cares about protecting American workers and defending the middle class, he needs to safeguard the rights of all worker classifications, not just those of his political allies. In that way, the Biden Administration’s DOL must alsouphold the value of independent contractors.
Workers operating as their own boss, setting their own hours, and enjoying the freedom provided therein, independent contractors form an essential community within the American workforce. By the power of their own choice and access to a free market system, these workers have the flexibility to work when it suits them, creating job opportunities for those who don’t want the traditional mold of employment.
Yet, the Biden Administration has the power to hinder the freedom these independent contractors enjoy. Whether it’s pushing for the disastrous PRO Act or revising DOL-issued regulations, Biden’s camp will have the opportunity to force independent contractors to identify as employees, stripping their freedoms in the process. Marty Walsh and Julie Sue should absolutely resist this effort.
Americans deserve the freedom to choose the type of job that works best for them. And independent contracting is a vital aspect of that equation. With millions of people left wondering about their future amid the Department of Labor nomination process, it would be wise for Marty Walsh and Julie Suto promise to protect workers’ right to identify as independent contractors—guaranteeing more liberty, not less.
