(AP Photo/Rogelio V. Solis, File)
After the abysmal jobs report last week, and the obvious connection of federally-subsidized, enhanced unemployment benefits helping to depress the labor market, my colleague Nick Arama wrote:
It means that the government is basically paying you more to stay home than you would get if you were working.
Joe Biden said he didn’t see any problem with that and he didn’t think that that was a factor why people weren’t going back to work. Oh, and he also said it was a major factor. I know, it makes no sense, but that’s Joe Biden.
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On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act rulemaking, the analysis the Department would use to determine whether a worker was an employee or independent contractor under the federal Fair Labor Standards Act (FLSA).
These regulations (the “Independent Contractor Rule” or “Final Rule”) clarified the relevant factors the DOL would use to determine whether workers are in business for themselves and are independent contractors, or are economically dependent on a putative employer for work and thus employees under the FLSA. The Final Rule emphasized that the proper analysis is whether a worker is dependent on a purported employer for work as opposed to whether a worker is dependent on the income received.
Unemployment Insurance (UI) Overpayment Guidance
Labor and Commerce Secretaries Stress Apprenticeships
National Advisory Committee on Apprenticeship | Nominations
Sought
Direct Care Workers Legislation Introduced
H-2A Program | Herding or Livestock Production
Applications
Forced Labor | Nitrile Glove Imports Seized
Upcoming Congressional Hearing
Biden Administration Labor Leadership
Updates. This week, the Senate Health, Education,
Labor, & Pensions (HELP) Committee scheduled a
business meeting for May 12 to vote on the following
nominations:
Jennifer Abruzzo to serve as General
Counsel of the National Labor Relations Board (NLRB);
Seema Nanda to serve as Solicitor for the
U.S. Department of Labor; and
Jocelyn Samuels, for a new term on the U.S.