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DRIVE NOW May 2021

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Uber and Lyft are employees!<br />

Biden administration turns back the clock and is looking at classifying<br />

rideshare and gig workers as employees – not contractors.<br />

by Reuters<br />

OVERSEAS news<br />

WASHINGTON, USA — Earlier this<br />

month, the Biden administration<br />

blocked a Trump-era rule that<br />

would have made it easier to<br />

classify gig workers who work for<br />

companies like Uber and Lyft as<br />

independent contractors instead<br />

of employees, signaling a potential<br />

policy shift toward greater worker<br />

protections.<br />

“By withdrawing the independent<br />

contractor rule, we will help<br />

preserve essential worker rights<br />

and stop the erosion of worker<br />

protections that would have<br />

occurred had the rule gone into<br />

effect,” Labor Secretary Marty<br />

Walsh said in a statement.<br />

“Too often, workers lose<br />

important wage and related<br />

protections when employers<br />

misclassify them as independent<br />

contractors,” he said.<br />

Walsh told Reuters in an interview<br />

last week that a lot of U.S. gig<br />

workers should be classified as<br />

“employees” who deserve work<br />

benefits. His comments hurt<br />

stocks of companies that employ<br />

gig labor.<br />

Walsh said that his department<br />

would have conversations in<br />

coming months with companies<br />

that employ gig labor to make sure<br />

workers have access to consistent<br />

wages, sick time, healthcare and<br />

“all of the things that an average<br />

employee in America can access.”<br />

The U.S. Chamber of Commerce<br />

said it hopes the administration<br />

does not pursue new regulations<br />

that would limit earning<br />

opportunities for independent<br />

workers.<br />

“We are disappointed to see<br />

the administration withdraw<br />

a balanced rule that was<br />

well-grounded in the law and<br />

provided certainty to workers<br />

and businesses about worker<br />

classification.”<br />

The AFL-CIO, one of the country’s<br />

largest unions, praised the move.<br />

Gig workers are independent<br />

contractors who perform ondemand<br />

services, including driving,<br />

delivering groceries or providing<br />

childcare.<br />

The rule by former President<br />

Donald Trump’s administration,<br />

finalised in early January before<br />

he left office on January 20,<br />

would have hampered workers’<br />

ability to earn a minimum wage<br />

and overtime compensation –<br />

protections offered under the Fair<br />

Labor Standards Act (FLSA).<br />

It was supposed to take effect<br />

in March, but did not because it<br />

was being reviewed by the Labor<br />

Department under President Joe<br />

Biden.<br />

The FLSA includes provisions that<br />

require covered employers to pay<br />

employees at least the federal<br />

minimum wage for every hour they<br />

work and overtime compensation<br />

at not less than 1.5 times their<br />

regular rate of pay for every hour<br />

they work over 40 in a work week.<br />

FLSA protections do not apply to<br />

independent contractors.<br />

www.drivenow-magazine.com.au<br />

<strong>May</strong> <strong>2021</strong><br />

33

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