On Feb. 9, the ABC-led Coalition for a Democratic Workplace and 15 employer organizations filed an amicus brief before the U.S. Court of Appeals for the 9th Circuit in Cemex Construction Materials Pacific v. NLRB, in which the National Labor Relations Board altered the union representation election process to essentially eliminate secret ballot elections in place of card check. The CDW called on the 9th Circuit to set aside and decline to enforce the NLRB’s order, which takes away employees’ right to choose representation without pressure or coercion.

On Jan. 9, the U.S. Department of Labor’s Wage and Hour DivisionÌýannouncedÌýtheÌýfinal rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act, which rescinds theÌýABC-supported 2021 final ruleÌýand replaces it with a confusingÌýmultifactor analysis to determine whether a worker is an employee or an independent contractor. The final rule takes effect on March 11.