Romney, Colleagues Introduce CRA to Overturn Biden Regulation Threatening 27 Million American Independent Contractors

WASHINGTON—U.S. Senator Mitt Romney (R-UT), member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, today joined HELP Ranking Member Bill Cassidy, M.D. (R-LA) and 30 Republican colleagues in introducing a Congressional Review Act (CRA) resolution to overturn the Department of Labor’s (DOL) final worker classification rule that jeopardizes the ability of 27 million Americans to work as independent contractors and threatens the gig economy. This comes as the DOL final rule was released earlier this year. 

“Utah is home to tens of thousands of self-employed and independent workers who make significant contributions to our growing economy,” said Senator Romney. “This overreaching worker classification rule jeopardizes the flexibility and autonomy that these hardworking Utahns rely on. The Biden Administration should be supporting the individual freedoms of gig workers and contractors—not adding greater regulatory restrictions and uncertainty.”

“The Biden administration’s priority should not be to do whatever makes it easier to forcibly and coercively unionize workers. It should be to increase individual freedom and opportunity,” said Dr. Cassidy. “This new Biden rule does the opposite, jeopardizing 27 million workers’ ability to make their own hours and make a living without being pressured into joining a union.”

Joining Romney and Cassidy in cosponsoring the resolution are Senators John Barrasso (R-WY), Marsha Blackburn (R-TN), Mike Braun (R-IN), Ted Budd (R-NC), Shelley Moore Capito (R-WV), Susan Collins (R-ME), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Bill Hagerty (R-TN), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), John Kennedy (R-LA), James Lankford (R-OK), Mike Lee (R-UT), Roger Marshall, M.D. (R-KS), Mitch McConnell (R-KY), Jerry Moran (R-KS), Markwayne Mullin (R-OK), Jim Risch (R-ID), Rick Scott (R-FL), Tim Scott (R-SC), John Thune (R-SD), Thom Tillis (R-NC), Tommy Tuberville (R-AL), and Roger Wicker (R-MS).

Background:

Independent contractors, or freelancers, make their own hours to fit their schedule and decide where and how they want to work. The recent Biden Administration rule attempts to restrict the ability of American workers to choose independent contracting and take advantage of the flexibility it provides. The rule creates a non-exhaustive, six-factor litmus test for unelected bureaucrats to interpret and decide who is not classified as an independent contractor. It also gives less legal certainty to independent contractors impacted by the regulation.