Much of the resistance to Julie Su’s nomination as secretary of the Department of Labor has been based on her record as California’s labor commissioner—in particular, her role in the state’s effort to outlaw gig work. Her patrons have deflected the criticism as if it were baseless. But almost a year into her term as acting secretary (she has yet to be confirmed), Su has gone national with a California labor policy that stands as one of the most detested pieces of legislation produced by Sacramento in recent memory.

The Labor Department announced recently that it had issued a final rule, effective March 11, that revises “the Department’s guidance on how to analyze who is an employee or independent contractor.” Rather than following the constitutional process for making a law, the administration is legislating by regulation. The rule is a substitution, at least for now, for the PRO Act, a sop to unions rejected in the Senate, which has also declined to confirm Su.

In a prepared statement, Su complained that “misclassifying employees as independent contractors is a serious issue that deprives workers of basic rights and protections.” She vowed that the “rule will help protect workers, especially those facing the greatest risk of exploitation, by making sure they are classified properly and that they receive the wages they’ve earned.”

Click to read the full article in City Journal.

Nothing contained in this blog is to be construed as necessarily reflecting the views of the Pacific Research Institute or as an attempt to thwart or aid the passage of any legislation.

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