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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

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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

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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  

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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.

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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.

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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.

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Protecting Workers from Heat: OSHA Extends Heat-Related Hazards Program Through 2026

As temperatures continue to rise and extreme heat events become more common, the Occupational Safety and Health Administration (OSHA) has extended its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards through April 8, 2026. Originally set to expire in 2025, this extension signals OSHA’s ongoing commitment to protecting workers from heat-related illnesses and injuries, which remain a serious threat in many workplaces across the United States. What Is the NEP? The NEP, originally launched in April 2022 under Directive CPL 03-00-024, focuses on industries with the highest risk of heat exposure—such as agriculture, construction, manufacturing, warehousing, and transportation. It enables OSHA to conduct proactive inspections, even in the absence of a formal complaint, when the National Weather Service issues a heat advisory or warning. This is especially important for workers who are exposed to high temperatures in both outdoor and indoor environments, such as those working near heat-generating equipment. What Employers Must Do Under the NEP, employers in high-risk industries are expected to: Implement heat illness prevention programs, which include providing access to water, rest, and shade or cooling areas. Train employees and supervisors on the signs, symptoms, and prevention of heat-related illnesses. Monitor ambient temperatures and modify work schedules or conditions during high-heat days. Provide acclimatization protocols for new or returning workers to gradually adjust to working in heat. Develop emergency response procedures for heat-related illnesses. While OSHA has not yet finalized a permanent heat standard, employers should be aware that failure to take appropriate steps under the General Duty Clause of the Occupational Safety and Health Act may still result in citations. What Employees Need to Know Employees also play an important role in preventing heat-related incidents. Workers should: Stay hydrated by drinking water frequently, even if they aren’t thirsty. Take scheduled breaks in shaded or cooled areas, especially during peak heat hours. Report symptoms early, such as dizziness, nausea, headache, or excessive sweating. Look out for coworkers, as heat illness can progress quickly and may be difficult to recognize in oneself. Participate in training and follow safety procedures provided by the employer. Final Thoughts The extension of OSHA’s NEP through 2026 gives both employers and employees more time to adapt, educate, and strengthen protections against heat-related hazards. As the climate continues to warm, workplace heat safety will remain a top priority. Employers should take this opportunity to reassess their heat illness prevention strategies and ensure compliance, while workers should stay informed and vigilant about their own well-being.

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Disparate Impact Discrimination: How Trump’s Executive Order Could Reshape Workplace Rights”

On April 23, 2025, President Donald Trump signed the executive order titled “Restoring Equality of Opportunity and Meritocracy,” aiming to eliminate the federal government’s use of disparate-impact liability in civil rights enforcement. This legal doctrine, established by the Supreme Court in Griggs v. Duke Power Co. (1971), allows challenges to policies that, while neutral on their face, disproportionately harm protected groups such as racial minorities, women, and the disabled, even absent intentional discrimination. The executive order directs federal agencies to deprioritize enforcement of regulations based on disparate impact and calls for repealing parts of the Civil Rights Act of 1964 that support this doctrine. It asserts that disparate-impact liability has hindered businesses from making hiring and other employment decisions based on merit and skill, due to the risk of disparate outcomes leading to lawsuits. ​ For employers, this shift may reduce concerns over legal challenges related to neutral policies that inadvertently affect certain groups. However, it also removes a layer of accountability that has historically prompted organizations to examine and adjust practices contributing to systemic disparities. Employees, particularly those from marginalized communities, may find it more challenging to contest policies that result in unequal outcomes, even if unintentional. While the executive order alters federal enforcement priorities, individuals and local governments may still pursue legal action under state and local antidiscrimination laws. ​The Washington Post The long-term impact of this executive order remains uncertain, as dismantling established civil rights protections would require demonstrating their unconstitutionality—a significant legal hurdle. Nonetheless, the order marks a substantial shift in federal civil rights policy, emphasizing intent over impact in addressing discrimination.​The Washington PostVox 

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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.