Americans for Fair Treatment has announced its submission of an amicus brief in support of Frisard’s Transportation, a family-operated trucking company facing regulatory challenges from the Department of Labor. The company, known for its reliance on independent contractors who own and manage their own trucks, is threatened by a recent Department of Labor rule titled “Employee or Independent Contractor Classification Under the Fair Labor Standards Act.”
For Frisard’s Transportation, this change could necessitate reclassifying independent drivers as employees. This shift would curtail not only drivers’ autonomy, but the autonomy of the 70 million Americans engaged in freelance work across various industries. The proposed rule would redefine these independent contractors as “employees,” stripping away their flexibility, subjecting them to new taxes and regulations, and potentially mandating unionization. This move bypasses Congress to implement the PRO Act through executive action.
In response to these concerns, Americans for Fair Treatment has joined with other organizations including the Liberty Justice Center, the Pelican Institute, Manhattan Institute, and Institute for the American Worker advocating for regulatory clarity and fairness. The brief, which highlights violations under the Administrative Procedure Act, underscores the impact on businesses and workers who prefer the flexibility of independent contractor status.
“We are committed to ensuring fairness and equitable treatment for all workers, including independent contractors who play a vital role in our economy,” said Brigette Herbst, senior organizing director at Americans for Fair Treatment. “This amicus brief supports independent contractors’ choice to remain autonomous employees without the threat of union interference.”
The amicus brief, filed with the Fifth Circuit Court of Appeals, argues against the Department of Labor’s rule on grounds of procedural irregularities and insufficient consideration for the impact on affected parties—that is, the Department neglected to consider any alternatives.
Americans for Fair Treatment remains steadfast in its mission to protect the rights and interests of workers navigating regulatory challenges.
For more information on Americans for Fair Treatment and its worker advocacy efforts, please visit AFFT.org.
Americans for Fair Treatment is a national nonprofit organization that educates public employees about their rights in a unionized workplace and connects these employees with all available resources to defend those rights. We offer a free membership program, networking opportunities, and professional development scholarships to support qualifying public employees.