Monday morning musings for workplace watchers bring to light two important topics that are currently making waves in the labor landscape: Sizing Up the Gig Workforce and OSHA Whistleblower Investigations. These issues are crucial for understanding the changing dynamics of the modern workplace and the challenges faced by workers in various industries.
The non-partisan Government Accountability Office (GAO) has highlighted the need for better tracking of “nonstandard and contract work arrangements” to help lawmakers make informed decisions on policies affecting those working in the gig economy. The US Labor Department has been tasked with leading this effort, aiming to create a more accurate measure of workers engaged in non-permanent, contingent work arrangements. This initiative is crucial as estimates of the gig workforce vary widely, ranging from less than 5 percent to over 30 percent of the total workforce.
The Bureau of Labor Statistics (BLS) previously attempted to capture data on electronically-mediated jobs in 2017 but faced challenges with the accuracy of its findings. The GAO has now called for a more comprehensive approach to gathering workforce data, with the DOL spearheading the project through the BLS. This initiative could have significant implications for how unions target their organizing efforts and how lobbyists advocate for or against regulations in this sector.
The classification of workers as independent contractors or employees has been a contentious issue in the labor landscape, particularly in industries like on-demand app-based delivery, rideshare, construction, and trucking. The DOL is currently finalizing a rule that would make it harder for employers to classify workers as independent contractors under the Fair Labor Standards Act, potentially impacting worker protections and benefits.
On the other hand, OSHA’s whistleblower program plays a crucial role in investigating allegations of retaliation against workers who report violations of federal law, even beyond workplace safety issues. The program has historically faced challenges due to low staffing levels, leading to long wait times for case outcomes. However, recent efforts to increase staffing and streamline investigations have shown improvements in case resolution times.
In fiscal year 2023, OSHA’s whistleblower directorate docketed over 3,000 new cases, with a majority involving alleged violations of the Occupational Safety and Health Act. The agency completed over 3,600 cases, with settlements reached in some instances and legal actions recommended in others. These efforts demonstrate OSHA’s commitment to upholding worker protections and ensuring that whistleblower complaints are thoroughly investigated.
As workplace dynamics continue to evolve, monitoring the gig workforce and ensuring whistleblower protections are essential for safeguarding workers’ rights and promoting fair labor practices. These issues will undoubtedly shape the future of work and influence policy decisions that impact workers across various industries. Stay tuned for more updates on these critical topics as we navigate the ever-changing landscape of the modern workplace.
