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Unprecedented Termination of EEOC Commissioners

We express our deep concerns regarding the recent firings of EEOC Commissioners Jocelyn Samuels and Charlotte Burrows, along with NLRB Member Gwynne Wilcox and General Counsel Jennifer Abruzzo. These dismissals raise significant alarms about the commitment to protecting workers’ rights and upholding fair labor practices in our country. 

The work of these individuals has been crucial in advancing equality and justice within the workplace, and their departure not only disrupts ongoing initiatives but also sends a troubling signal about the prioritization of worker protections. We believe it is essential to foster an environment in which advocates for fairness and equity can continue to serve without fear of retaliation or dismissal.

We urge all stakeholders to reflect on the implications of these actions and to advocate for a governance structure that promotes fairness, transparency, and the unwavering protection of workers’ rights. The strength of our labor and civil rights frameworks relies on dedicated leaders who are committed to these critical causes. 

We stand in solidarity with those who strive for equity and justice in the workplace and call for accountability and a recommitment to worker rights at all levels of government.

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About Workplace Fairness

Workplace Fairness is a non-profit organization working to preserve and promote employee rights.
We believe that fair treatment of workers is sound public policy and good business practice, and that free access to comprehensive, unbiased information about workers’ rights—without legal jargon—is an essential ingredient in any fair workplace. That’s why Workplace Fairness creates and maintains the most comprehensive, online one-stop-shop for free information about workers’ rights.

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The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.

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Preventing Workplace Violence: What the Law Requires and What Employers and Employees Should Know

Workplace violence is a growing concern across industries, with incidents ranging from verbal threats and harassment to physical assaults. In response, lawmakers at both federal and state levels have implemented regulations to help protect workers and create safer work environments. Understanding the legal framework around workplace violence prevention—and what compliance looks like—is essential for both employers and employees. What Is Workplace Violence? The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” It can affect workers, clients, customers, and visitors, and may occur inside or outside the workplace. Key Federal Legal Frameworks OSHA’s General Duty ClauseWhile there’s no specific federal law solely dedicated to workplace violence prevention, OSHA’s General Duty Clause requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This includes known risks of workplace violence. Title VII of the Civil Rights ActHarassment and threats based on race, gender, religion, or other protected characteristics may also constitute illegal workplace violence under anti-discrimination laws. Americans with Disabilities Act (ADA)Employers must handle violent behavior related to mental health issues carefully, ensuring that they do not discriminate while also maintaining a safe workplace. State Laws and Requirements Several states have taken more specific steps: California passed SB 553, effective July 1, 2024, requiring nearly all employers to implement written Workplace Violence Prevention Plans, maintain a violent incident log, and provide annual training to employees. New York, Oregon, and Washington also require certain employers (especially in healthcare or public-facing roles) to implement violence prevention programs. Illinois and Minnesota mandate workplace violence prevention plans in health care and social service settings. Because laws vary widely by state, employers and employees must stay updated on applicable regulations where they operate and work. What Employers Should Do to Stay Compliant Conduct Risk Assessments: Evaluate the specific risks in your workplace, considering factors like layout, client interactions, hours of operation, and previous incidents. Implement a Written Prevention Program: This may be required under certain state laws. It should include reporting procedures, emergency response protocols, and disciplinary policies. Train Employees: Educate staff on recognizing warning signs, de-escalation techniques, and how to report threats or incidents confidentially. Keep Incident Logs and Conduct Investigations: Document every reported event and take corrective action where needed. In some jurisdictions, this is legally required. Create a Culture of Safety: Encourage open communication, support employees who raise concerns, and provide access to employee assistance programs (EAPs) or mental health resources. What Employees Should Know Know Your Rights: You have the right to a safe workplace. If you feel threatened or unsafe, you can report it to your employer or to OSHA. Report Incidents Promptly: Whether it’s verbal abuse or physical aggression, early reporting helps prevent escalation. Participate in Training: Engage with violence prevention programs offered by your employer—they’re not just for compliance, but for your own safety and awareness. Support a Respectful Work Culture: Treat colleagues, customers, and supervisors with respect, and intervene or report when you observe inappropriate behavior. Final Thoughts Workplace violence prevention is a shared responsibility. While employers carry the legal obligation to assess and mitigate risks, employees play a vital role in fostering a respectful and vigilant work environment. By staying informed about the laws and best practices, both parties can help reduce risks and ensure safer, more productive workplaces. Note: This blog is for general informational purposes and does not constitute legal advice. Employers should consult legal counsel to ensure compliance with applicable federal and state laws. Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

Read More »

Respect, Rights, and Recognition: Navigating Sexual Identity Pronouns in Today’s Workplace

In today’s evolving workplace, the use of sexual identity pronouns has become a focal point in discussions about inclusivity and respect. Recognizing and using an individual’s preferred pronouns—such as she/her, he/him, they/them, or others—is more than a matter of etiquette; it’s a fundamental aspect of acknowledging and validating personal identity. This practice fosters a sense of belonging and psychological safety, which can lead to increased employee engagement and productivity. Moreover, organizations that prioritize inclusive practices often see benefits in talent acquisition and retention, as they appeal to a broader and more diverse candidate pool. However, the integration of pronoun usage in professional settings has not been without challenges. Recent legislative actions have introduced complexities. For instance, President Trump’s executive order titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” mandates that federal agencies recognize only male and female biological sexes, potentially influencing private employers to adopt similar stances . Additionally, a federal judge in Texas ruled that the U.S. Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing guidance intended to protect transgender employees from workplace harassment, asserting that Title VII does not mandate recognition of gender identity beyond biological sex . Such developments have led to a patchwork of policies and interpretations, creating uncertainty for employers striving to balance inclusivity with compliance. Despite these challenges, the benefits of embracing pronoun inclusivity in the workplace are substantial. Studies indicate that affirming a transgender person’s pronouns can help lower depression and raise self-esteem and well-being . Furthermore, organizations that actively support LGBTQ+ inclusivity often experience enhanced creativity, better decision-making, and improved financial performance . By fostering an environment where all employees feel seen and respected, companies not only uphold ethical standards but also position themselves for greater success in a diverse and dynamic marketplace. In conclusion, while the path to integrating sexual identity pronouns in the workplace may be fraught with legal and societal hurdles, the pursuit of inclusivity remains a worthwhile endeavor. Employers are encouraged to stay informed about evolving regulations, engage in open dialogues with their teams, and implement policies that reflect a commitment to diversity and respect for all individuals. Sources LinedIn AP New Yorker Culture AMP Related posts: From New York to the Arab Gulf, Challenging Global Capitalism to Build Worker Power Apple Store Workers Share Why They Want to ‘Work Different’ Court in Costco Discrimination Case to Employers: Don’t Fight Discrimination Poll: Ohio Voters are Likely to Penalize Politicians for Issue 2 support

Read More »

Portable Benefits for Independent Contractors: National and State Legislative Initiatives

Independent contractors constitute a growing segment of the workforce, drawn by the flexibility and autonomy of gig, freelance, and contract-based roles. However, the traditional employment benefits—health insurance, retirement savings, and paid leave—often remain out of reach. In response, federal and state lawmakers have introduced a series of portable benefits initiatives designed to provide essential support without undermining the independent status that contractors value. Benefits for Independent Contractors Portable benefit programs allow independent workers to build a personalized benefits portfolio that travels with them from gig to gig. Typical offerings include: Health, Dental, and Vision Insurance: Subsidized or pooled coverage options that contractors can enroll in regardless of their hiring entity. Retirement Savings: Individual accounts with contributions from both workers and contracting parties, helping contractors plan for long-term financial security. Paid Time Off and Emergency Funds: Options to accrue paid leave and set aside resources for unexpected expenses, fostering greater financial resilience. These flexible structures empower contractors to tailor benefits to their unique needs, enhancing stability without sacrificing work autonomy. Advantages for Companies Organizations that support portable benefits gain competitive advantages in today’s talent market: Attraction and Retention: Contractors are more likely to engage long-term with companies that contribute to their well-being and financial future. Reputation and Brand: Offering benefits signals a commitment to workforce development and social responsibility, bolstering employer brand. Productivity and Quality: Financial security and health coverage can reduce burnout and turnover, leading to higher-quality work and sustained productivity. Federal Initiatives At the national level, Representative Kevin Kiley introduced the Modern Worker Security Act in February 2025. This legislation proposes a federal safe harbor that permits companies to contribute to portable benefits accounts for independent contractors without triggering employee reclassification risks. By clarifying the regulatory environment, the act aims to preserve workforce flexibility while expanding access to benefits. State-Level Legislation Several states have already enacted or are considering laws to pilot or formalize portable benefits: Florida House Bill 1067 (Feb 2025): Establishes voluntary portable benefits accounts for independent contractors and sole proprietors. Both workers and hiring entities can make contributions, enabling access to health and retirement benefits without changing employment classification. Tennessee Voluntary Portable Benefit Plan Act (Apr 2025): Implements a statewide benefit pool serving over 1.5 million contractors. Participants receive portable health insurance and retirement plan options that remain with the individual, ensuring continuity across contracts. Alabama Portable Benefit and Incentives Law (2025): Authorizes the creation of portable benefit accounts and provides tax deductions to hiring parties that contribute on behalf of contractors, encouraging broader participation and employer support. Maryland Pilot Program (Apr–Jun 2025): In collaboration with DoorDash, Maryland’s pilot enables eligible Dashers earning at least $1,000 in a quarter to allocate contributions to health, dental, vision, retirement, emergency funds, and paid time off. This pilot tests program design and worker engagement ahead of potential statewide rollout. Conclusion The expansion of portable benefits reflects a bipartisan effort to modernize benefit structures for an increasingly flexible workforce. By balancing independence with financial security, these initiatives offer a blueprint for sustaining the gig economy while safeguarding workers’ well-being. As both federal and state programs evolve, stakeholders should monitor outcomes, refine contribution mechanisms, and scale successful pilots to ensure that all independent contractors can access the benefits they need. Sources Independent Women’s Voice CitizenPortal Florida Senate JD Supra Tennessee House Republican Caucus Ogletree Stride Blog Kiley House Independent Women’s Forum   Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

Read More »

Organizing in the Age of AI: How Labor, Employers, and Workers Can Shape the Future Together

As artificial intelligence (AI) becomes an integral part of the workplace, it’s transforming not just how work is done, but also how work is managed, monitored, and valued. From automated hiring platforms to productivity tracking software, AI tools are redefining roles, responsibilities, and relationships in the workforce. In this rapidly evolving landscape, labor organizing is emerging as a crucial tool to ensure that the rights and dignity of workers are protected—while also addressing the practical needs of employers and the aspirations of employees. The Union Perspective: Safeguarding Fairness and Dignity For labor unions, the rise of AI raises urgent concerns about transparency, job security, and privacy. AI can be used to evaluate employee performance, track behavior, and even determine layoffs, often through opaque algorithms that workers and their representatives have no ability to question or audit. Unions argue that this undermines collective bargaining and due process. Labor organizations are advocating for proactive measures, including: Bargaining for algorithmic transparency to ensure AI systems don’t make biased or arbitrary decisions. Pushing for policies that require human oversight of AI-driven employment decisions. Demanding training and reskilling programs so workers can remain competitive in a tech-heavy economy. By bringing AI governance to the bargaining table, unions aim to secure worker-centered technology policies that prioritize fairness and dignity. The Employer Perspective: Balancing Efficiency with Responsibility From the employer’s point of view, AI represents a powerful opportunity to improve efficiency, reduce operational costs, and streamline decision-making. Automated systems can analyze data faster than humans, identify trends, and optimize workflows in ways that boost productivity. However, many forward-thinking employers also recognize the reputational and operational risks of adopting AI without stakeholder buy-in. Concerns about employee morale, public backlash, and legal liabilities are pushing some employers to take a more collaborative approach. Responsible employers are: Consulting with employee representatives early in the AI adoption process. Auditing algorithms for bias and making results transparent. Investing in employee development to ease transitions brought by automation. Ultimately, employers who engage in open dialogue with their workforce can build trust and harness AI in a way that benefits everyone. The Employee Perspective: Navigating Uncertainty and Opportunity For individual workers, AI presents a paradox: it can be a tool of empowerment or a source of anxiety. On one hand, AI can take over repetitive or dangerous tasks, potentially freeing up employees to do more meaningful work. On the other hand, it can feel like a faceless overseer—tracking keystrokes, measuring efficiency in real-time, or predicting future behavior based on past data. Employees are increasingly aware of both the risks and possibilities. Many are asking: “How is this technology being used to evaluate me?” “Will I lose my job to a machine?” “What training do I need to stay relevant?” There’s a growing appetite for transparency, digital literacy, and involvement in decisions about how AI is deployed. Workers want a say—not just in what AI tools are used, but in how they’re used and why. Moving Forward: A Shared Responsibility AI is not inherently good or bad—it’s a tool. But how it is implemented will shape the future of work for generations. Labor organizing plays a vital role in ensuring that this future is not dictated solely by the interests of efficiency and profit, but includes the voices and values of those who do the work. To build a just and inclusive AI-driven workplace: Unions must lead in negotiating guardrails and educating members. Employers must prioritize ethical adoption and collaboration. Employees must engage in shaping policies that affect their livelihoods. As we stand on the edge of another industrial revolution, the time to organize, dialogue, and collaborate is now. Together, we can ensure that AI enhances—not erodes—the human experience of work. Related posts: Proposed Overtime Changes: Bad News for Workers Goal of True Equality Still Challenges Us All A Wisconsin Hog Farm Would Produce 9.4 Million Gallons of Manure a Year. Nearby Residents Live in Fear.

Read More »

“Employers – It’s Time To Prioritize Psychological Safety” Amid Policy Changes, By Edgar Ndjatou and Kylie van Luyn

As recent U.S. policy changes impact workers nationwide alongside rising stress levels and mental health challenges, Workplace Fairness and Elevated Coaching & Consulting are calling attention to the urgent need for psychological safety and well-being in the workplace.  According to Mental Health America’s 2024 Mind the Workplace report, three-quarters of U.S. employees experience high work-related stress, impacting their sleep and personal relationships. A survey by the American Psychological Association found that while 75% of employers believe their workplace supports mental health, only 44% of employees agree. Additionally, 94% of workers report chronic workplace stress, with 99% acknowledging its toll on mental well-being. Psychological safety—the ability to speak up without fear of retribution—is a key factor in reducing workplace stress and fostering healthier work cultures. “Workers must feel safe to express concerns and access mental health resources without stigma,” said Edgar Ndjatou, Executive Director of Workplace Fairness. “Without psychological safety, employees struggle in silence, leading to burnout and decreased productivity.” Factors contributing to poor employee mental health include excessive workloads, lack of managerial support, and unclear expectations. The rise of remote work has also blurred work-life boundaries, exacerbating burnout and isolation. “Emotional intelligence and trauma-informed leadership are essential for supporting psychological safety and employee well-being,” said Kylie van Luyn, Founder of Elevated Coaching & Consulting. “Leaders must take intentional steps to create environments where employees feel respected, heard and valued.” Addressing these challenges requires commitment from employers. The two organizations have collaborated on a The Elevated Workplace, a training for employers and organizations on cultivating psychological safety and well-being, belonging and legal compliance in the workplace. Learn more here. About Workplace Fairness Workplace Fairness is a nonprofit dedicated to educating workers on their rights and advocating for fair treatment. Through resources, outreach, and advocacy, it empowers employees and promotes equitable workplace policies. About Elevated Coaching & Consulting Elevated Coaching & Consulting is a global leader in workplace psychological safety, specializing in emotional intelligence training and trauma-informed leadership to help organizations build supportive and mentally healthy workplaces. Related posts: Say What? Now Active Nevada’s Labor Movement Comes Together to Support Each Other The Post Office Belongs to the Public. Let’s not Give it to Wall Street.

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Transgender Troops and the Fight for Equality: A History of Service, Struggle, and Resilience in the U.S. Military

Transgender individuals have long served in the U.S. military, often in silence due to policies that prohibited open service. It wasn’t until June 30, 2016, that the Department of Defense lifted the ban on transgender individuals serving openly, allowing them to serve in their affirmed gender. This policy shift marked a significant step toward inclusivity and recognition of transgender service members. However, the status of transgender individuals in the military has fluctuated with changing administrations. In 2017, the Trump administration announced a ban on transgender individuals serving in the military, citing concerns over military readiness and cohesion. This policy was met with legal challenges and was partially blocked by courts. In 2021, the Biden administration reversed the ban, allowing transgender individuals to serve openly once again. Transgender service members contribute to the military’s diversity, bringing unique perspectives and experiences that enhance problem-solving and adaptability. Studies, including a 2016 RAND Corporation report, have found that allowing transgender individuals to serve openly has minimal impact on military readiness and healthcare costs. Furthermore, inclusive policies can improve morale and unit cohesion by promoting a culture of respect and equality. In January 2025, the Trump administration reinstated a ban on transgender individuals serving in the military through Executive Order 14183, titled “Prioritizing Military Excellence and Readiness.” This order directed the Department of Defense to revise policies to exclude individuals who identify with a gender different from their biological sex from military service, citing concerns over unit cohesion and overall military effectiveness. The policy also halted gender-affirming healthcare for transgender troops. Legal challenges ensued, but on May 6, 2025, the U.S. Supreme Court allowed the administration to proceed with the ban while litigation continues. The fluctuating policies regarding transgender individuals in the military underscore the need for consistent, evidence-based approaches that recognize the contributions of all service members. Ensuring that military policies are inclusive and grounded in research is essential for maintaining a strong and effective force. Related posts: The Makers of Those Cheesy Anti-Union Movies Will Soon Be More Transparent, Thanks to a New Labor Department Rule Revive the Dream Trumka: AFL-CIO Will Support Occupy Wall St. Protest “In Every Way’ it Can Politics Affect Unionization Rates, Study Finds

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The Worker Experience Podcast by Workplace Fairness

Interested in learning about hot button worker’s rights issues and how to address workplace situations? Listen to The Worker Experience podcast by Workplace Fairness!

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Preventing Workplace Violence: What the Law Requires and What Employers and Employees Should Know

Workplace violence is a growing concern across industries, with incidents ranging from verbal threats and harassment to physical assaults. In response, lawmakers at both federal and state levels have implemented regulations to help protect workers and create safer work environments. Understanding the legal framework around workplace violence prevention—and what compliance looks like—is essential for both employers and employees. What Is Workplace Violence? The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” It can affect workers, clients, customers, and visitors, and may occur inside or outside the workplace. Key Federal Legal Frameworks OSHA’s General Duty ClauseWhile there’s no specific federal law solely dedicated to workplace violence prevention, OSHA’s General Duty Clause requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This includes known risks of workplace violence. Title VII of the Civil Rights ActHarassment and threats based on race, gender, religion, or other protected characteristics may also constitute illegal workplace violence under anti-discrimination laws. Americans with Disabilities Act (ADA)Employers must handle violent behavior related to mental health issues carefully, ensuring that they do not discriminate while also maintaining a safe workplace. State Laws and Requirements Several states have taken more specific steps: California passed SB 553, effective July 1, 2024, requiring nearly all employers to implement written Workplace Violence Prevention Plans, maintain a violent incident log, and provide annual training to employees. New York, Oregon, and Washington also require certain employers (especially in healthcare or public-facing roles) to implement violence prevention programs. Illinois and Minnesota mandate workplace violence prevention plans in health care and social service settings. Because laws vary widely by state, employers and employees must stay updated on applicable regulations where they operate and work. What Employers Should Do to Stay Compliant Conduct Risk Assessments: Evaluate the specific risks in your workplace, considering factors like layout, client interactions, hours of operation, and previous incidents. Implement a Written Prevention Program: This may be required under certain state laws. It should include reporting procedures, emergency response protocols, and disciplinary policies. Train Employees: Educate staff on recognizing warning signs, de-escalation techniques, and how to report threats or incidents confidentially. Keep Incident Logs and Conduct Investigations: Document every reported event and take corrective action where needed. In some jurisdictions, this is legally required. Create a Culture of Safety: Encourage open communication, support employees who raise concerns, and provide access to employee assistance programs (EAPs) or mental health resources. What Employees Should Know Know Your Rights: You have the right to a safe workplace. If you feel threatened or unsafe, you can report it to your employer or to OSHA. Report Incidents Promptly: Whether it’s verbal abuse or physical aggression, early reporting helps prevent escalation. Participate in Training: Engage with violence prevention programs offered by your employer—they’re not just for compliance, but for your own safety and awareness. Support a Respectful Work Culture: Treat colleagues, customers, and supervisors with respect, and intervene or report when you observe inappropriate behavior. Final Thoughts Workplace violence prevention is a shared responsibility. While employers carry the legal obligation to assess and mitigate risks, employees play a vital role in fostering a respectful and vigilant work environment. By staying informed about the laws and best practices, both parties can help reduce risks and ensure safer, more productive workplaces. Note: This blog is for general informational purposes and does not constitute legal advice. Employers should consult legal counsel to ensure compliance with applicable federal and state laws. Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

Read More »
Uncategorized

Respect, Rights, and Recognition: Navigating Sexual Identity Pronouns in Today’s Workplace

In today’s evolving workplace, the use of sexual identity pronouns has become a focal point in discussions about inclusivity and respect. Recognizing and using an individual’s preferred pronouns—such as she/her, he/him, they/them, or others—is more than a matter of etiquette; it’s a fundamental aspect of acknowledging and validating personal identity. This practice fosters a sense of belonging and psychological safety, which can lead to increased employee engagement and productivity. Moreover, organizations that prioritize inclusive practices often see benefits in talent acquisition and retention, as they appeal to a broader and more diverse candidate pool. However, the integration of pronoun usage in professional settings has not been without challenges. Recent legislative actions have introduced complexities. For instance, President Trump’s executive order titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” mandates that federal agencies recognize only male and female biological sexes, potentially influencing private employers to adopt similar stances . Additionally, a federal judge in Texas ruled that the U.S. Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing guidance intended to protect transgender employees from workplace harassment, asserting that Title VII does not mandate recognition of gender identity beyond biological sex . Such developments have led to a patchwork of policies and interpretations, creating uncertainty for employers striving to balance inclusivity with compliance. Despite these challenges, the benefits of embracing pronoun inclusivity in the workplace are substantial. Studies indicate that affirming a transgender person’s pronouns can help lower depression and raise self-esteem and well-being . Furthermore, organizations that actively support LGBTQ+ inclusivity often experience enhanced creativity, better decision-making, and improved financial performance . By fostering an environment where all employees feel seen and respected, companies not only uphold ethical standards but also position themselves for greater success in a diverse and dynamic marketplace. In conclusion, while the path to integrating sexual identity pronouns in the workplace may be fraught with legal and societal hurdles, the pursuit of inclusivity remains a worthwhile endeavor. Employers are encouraged to stay informed about evolving regulations, engage in open dialogues with their teams, and implement policies that reflect a commitment to diversity and respect for all individuals. Sources LinedIn AP New Yorker Culture AMP Related posts: From New York to the Arab Gulf, Challenging Global Capitalism to Build Worker Power Apple Store Workers Share Why They Want to ‘Work Different’ Court in Costco Discrimination Case to Employers: Don’t Fight Discrimination Poll: Ohio Voters are Likely to Penalize Politicians for Issue 2 support

Read More »
Uncategorized

Portable Benefits for Independent Contractors: National and State Legislative Initiatives

Independent contractors constitute a growing segment of the workforce, drawn by the flexibility and autonomy of gig, freelance, and contract-based roles. However, the traditional employment benefits—health insurance, retirement savings, and paid leave—often remain out of reach. In response, federal and state lawmakers have introduced a series of portable benefits initiatives designed to provide essential support without undermining the independent status that contractors value. Benefits for Independent Contractors Portable benefit programs allow independent workers to build a personalized benefits portfolio that travels with them from gig to gig. Typical offerings include: Health, Dental, and Vision Insurance: Subsidized or pooled coverage options that contractors can enroll in regardless of their hiring entity. Retirement Savings: Individual accounts with contributions from both workers and contracting parties, helping contractors plan for long-term financial security. Paid Time Off and Emergency Funds: Options to accrue paid leave and set aside resources for unexpected expenses, fostering greater financial resilience. These flexible structures empower contractors to tailor benefits to their unique needs, enhancing stability without sacrificing work autonomy. Advantages for Companies Organizations that support portable benefits gain competitive advantages in today’s talent market: Attraction and Retention: Contractors are more likely to engage long-term with companies that contribute to their well-being and financial future. Reputation and Brand: Offering benefits signals a commitment to workforce development and social responsibility, bolstering employer brand. Productivity and Quality: Financial security and health coverage can reduce burnout and turnover, leading to higher-quality work and sustained productivity. Federal Initiatives At the national level, Representative Kevin Kiley introduced the Modern Worker Security Act in February 2025. This legislation proposes a federal safe harbor that permits companies to contribute to portable benefits accounts for independent contractors without triggering employee reclassification risks. By clarifying the regulatory environment, the act aims to preserve workforce flexibility while expanding access to benefits. State-Level Legislation Several states have already enacted or are considering laws to pilot or formalize portable benefits: Florida House Bill 1067 (Feb 2025): Establishes voluntary portable benefits accounts for independent contractors and sole proprietors. Both workers and hiring entities can make contributions, enabling access to health and retirement benefits without changing employment classification. Tennessee Voluntary Portable Benefit Plan Act (Apr 2025): Implements a statewide benefit pool serving over 1.5 million contractors. Participants receive portable health insurance and retirement plan options that remain with the individual, ensuring continuity across contracts. Alabama Portable Benefit and Incentives Law (2025): Authorizes the creation of portable benefit accounts and provides tax deductions to hiring parties that contribute on behalf of contractors, encouraging broader participation and employer support. Maryland Pilot Program (Apr–Jun 2025): In collaboration with DoorDash, Maryland’s pilot enables eligible Dashers earning at least $1,000 in a quarter to allocate contributions to health, dental, vision, retirement, emergency funds, and paid time off. This pilot tests program design and worker engagement ahead of potential statewide rollout. Conclusion The expansion of portable benefits reflects a bipartisan effort to modernize benefit structures for an increasingly flexible workforce. By balancing independence with financial security, these initiatives offer a blueprint for sustaining the gig economy while safeguarding workers’ well-being. As both federal and state programs evolve, stakeholders should monitor outcomes, refine contribution mechanisms, and scale successful pilots to ensure that all independent contractors can access the benefits they need. Sources Independent Women’s Voice CitizenPortal Florida Senate JD Supra Tennessee House Republican Caucus Ogletree Stride Blog Kiley House Independent Women’s Forum   Related posts: Note to Employers: Stressed Employees Cost You Money Wal-Mart’s Rob Walton Wins JWJ’s Scrooge of the Year Trump hails ‘manufacturing miracle’ as factories bleed jobs

Read More »
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Organizing in the Age of AI: How Labor, Employers, and Workers Can Shape the Future Together

As artificial intelligence (AI) becomes an integral part of the workplace, it’s transforming not just how work is done, but also how work is managed, monitored, and valued. From automated hiring platforms to productivity tracking software, AI tools are redefining roles, responsibilities, and relationships in the workforce. In this rapidly evolving landscape, labor organizing is emerging as a crucial tool to ensure that the rights and dignity of workers are protected—while also addressing the practical needs of employers and the aspirations of employees. The Union Perspective: Safeguarding Fairness and Dignity For labor unions, the rise of AI raises urgent concerns about transparency, job security, and privacy. AI can be used to evaluate employee performance, track behavior, and even determine layoffs, often through opaque algorithms that workers and their representatives have no ability to question or audit. Unions argue that this undermines collective bargaining and due process. Labor organizations are advocating for proactive measures, including: Bargaining for algorithmic transparency to ensure AI systems don’t make biased or arbitrary decisions. Pushing for policies that require human oversight of AI-driven employment decisions. Demanding training and reskilling programs so workers can remain competitive in a tech-heavy economy. By bringing AI governance to the bargaining table, unions aim to secure worker-centered technology policies that prioritize fairness and dignity. The Employer Perspective: Balancing Efficiency with Responsibility From the employer’s point of view, AI represents a powerful opportunity to improve efficiency, reduce operational costs, and streamline decision-making. Automated systems can analyze data faster than humans, identify trends, and optimize workflows in ways that boost productivity. However, many forward-thinking employers also recognize the reputational and operational risks of adopting AI without stakeholder buy-in. Concerns about employee morale, public backlash, and legal liabilities are pushing some employers to take a more collaborative approach. Responsible employers are: Consulting with employee representatives early in the AI adoption process. Auditing algorithms for bias and making results transparent. Investing in employee development to ease transitions brought by automation. Ultimately, employers who engage in open dialogue with their workforce can build trust and harness AI in a way that benefits everyone. The Employee Perspective: Navigating Uncertainty and Opportunity For individual workers, AI presents a paradox: it can be a tool of empowerment or a source of anxiety. On one hand, AI can take over repetitive or dangerous tasks, potentially freeing up employees to do more meaningful work. On the other hand, it can feel like a faceless overseer—tracking keystrokes, measuring efficiency in real-time, or predicting future behavior based on past data. Employees are increasingly aware of both the risks and possibilities. Many are asking: “How is this technology being used to evaluate me?” “Will I lose my job to a machine?” “What training do I need to stay relevant?” There’s a growing appetite for transparency, digital literacy, and involvement in decisions about how AI is deployed. Workers want a say—not just in what AI tools are used, but in how they’re used and why. Moving Forward: A Shared Responsibility AI is not inherently good or bad—it’s a tool. But how it is implemented will shape the future of work for generations. Labor organizing plays a vital role in ensuring that this future is not dictated solely by the interests of efficiency and profit, but includes the voices and values of those who do the work. To build a just and inclusive AI-driven workplace: Unions must lead in negotiating guardrails and educating members. Employers must prioritize ethical adoption and collaboration. Employees must engage in shaping policies that affect their livelihoods. As we stand on the edge of another industrial revolution, the time to organize, dialogue, and collaborate is now. Together, we can ensure that AI enhances—not erodes—the human experience of work. Related posts: Proposed Overtime Changes: Bad News for Workers Goal of True Equality Still Challenges Us All A Wisconsin Hog Farm Would Produce 9.4 Million Gallons of Manure a Year. Nearby Residents Live in Fear.

Read More »
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“Employers – It’s Time To Prioritize Psychological Safety” Amid Policy Changes, By Edgar Ndjatou and Kylie van Luyn

As recent U.S. policy changes impact workers nationwide alongside rising stress levels and mental health challenges, Workplace Fairness and Elevated Coaching & Consulting are calling attention to the urgent need for psychological safety and well-being in the workplace.  According to Mental Health America’s 2024 Mind the Workplace report, three-quarters of U.S. employees experience high work-related stress, impacting their sleep and personal relationships. A survey by the American Psychological Association found that while 75% of employers believe their workplace supports mental health, only 44% of employees agree. Additionally, 94% of workers report chronic workplace stress, with 99% acknowledging its toll on mental well-being. Psychological safety—the ability to speak up without fear of retribution—is a key factor in reducing workplace stress and fostering healthier work cultures. “Workers must feel safe to express concerns and access mental health resources without stigma,” said Edgar Ndjatou, Executive Director of Workplace Fairness. “Without psychological safety, employees struggle in silence, leading to burnout and decreased productivity.” Factors contributing to poor employee mental health include excessive workloads, lack of managerial support, and unclear expectations. The rise of remote work has also blurred work-life boundaries, exacerbating burnout and isolation. “Emotional intelligence and trauma-informed leadership are essential for supporting psychological safety and employee well-being,” said Kylie van Luyn, Founder of Elevated Coaching & Consulting. “Leaders must take intentional steps to create environments where employees feel respected, heard and valued.” Addressing these challenges requires commitment from employers. The two organizations have collaborated on a The Elevated Workplace, a training for employers and organizations on cultivating psychological safety and well-being, belonging and legal compliance in the workplace. Learn more here. About Workplace Fairness Workplace Fairness is a nonprofit dedicated to educating workers on their rights and advocating for fair treatment. Through resources, outreach, and advocacy, it empowers employees and promotes equitable workplace policies. About Elevated Coaching & Consulting Elevated Coaching & Consulting is a global leader in workplace psychological safety, specializing in emotional intelligence training and trauma-informed leadership to help organizations build supportive and mentally healthy workplaces. Related posts: Say What? Now Active Nevada’s Labor Movement Comes Together to Support Each Other The Post Office Belongs to the Public. Let’s not Give it to Wall Street.

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Transgender Troops and the Fight for Equality: A History of Service, Struggle, and Resilience in the U.S. Military

Transgender individuals have long served in the U.S. military, often in silence due to policies that prohibited open service. It wasn’t until June 30, 2016, that the Department of Defense lifted the ban on transgender individuals serving openly, allowing them to serve in their affirmed gender. This policy shift marked a significant step toward inclusivity and recognition of transgender service members. However, the status of transgender individuals in the military has fluctuated with changing administrations. In 2017, the Trump administration announced a ban on transgender individuals serving in the military, citing concerns over military readiness and cohesion. This policy was met with legal challenges and was partially blocked by courts. In 2021, the Biden administration reversed the ban, allowing transgender individuals to serve openly once again. Transgender service members contribute to the military’s diversity, bringing unique perspectives and experiences that enhance problem-solving and adaptability. Studies, including a 2016 RAND Corporation report, have found that allowing transgender individuals to serve openly has minimal impact on military readiness and healthcare costs. Furthermore, inclusive policies can improve morale and unit cohesion by promoting a culture of respect and equality. In January 2025, the Trump administration reinstated a ban on transgender individuals serving in the military through Executive Order 14183, titled “Prioritizing Military Excellence and Readiness.” This order directed the Department of Defense to revise policies to exclude individuals who identify with a gender different from their biological sex from military service, citing concerns over unit cohesion and overall military effectiveness. The policy also halted gender-affirming healthcare for transgender troops. Legal challenges ensued, but on May 6, 2025, the U.S. Supreme Court allowed the administration to proceed with the ban while litigation continues. The fluctuating policies regarding transgender individuals in the military underscore the need for consistent, evidence-based approaches that recognize the contributions of all service members. Ensuring that military policies are inclusive and grounded in research is essential for maintaining a strong and effective force. Related posts: The Makers of Those Cheesy Anti-Union Movies Will Soon Be More Transparent, Thanks to a New Labor Department Rule Revive the Dream Trumka: AFL-CIO Will Support Occupy Wall St. Protest “In Every Way’ it Can Politics Affect Unionization Rates, Study Finds

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.