The Nashville-based Beacon Center of Tennessee filed a lawsuit on behalf of two freelance journalists against the U.S. Department of Labor’s Independent Contractor Rule on Wednesday.
The think tank is representing Tennessee freelance journalists Margaret Littman and Jennifer Chesak in the suit, arguing that the department’s updated rule “threatens to destroy the livelihoods of freelancers” by “forcing freelancers into employment relationships that they neither want nor need.”
Last month, the Department of Labor announced a final rule replacing its two-factor test that determines whether or not an employee is considered an independent contractor under the Fair Labor Standards Act (FLSA) with a six-factor analysis test.
The Beacon Center says the Independent Contractor Rule “violates fundamental separation-of-powers principles,” as the department does not have the authority to “issue binding rules” under the FLSA, nor did the Department provide a “good reason” for reversing course on policy.
“Tennesseans should be able to choose how they earn a living without unnecessary and unproductive government interference,” Beacon Director of Legal Affairs Wen Fa said in a statement. “The federal government is wrong to assume that everyone wants to be an employee. Poll after poll shows that most freelancers prefer to earn a living through freelance work. That’s why we’re helping Nashville-based freelancers fight back against the federal government’s attempt to destroy their right to freelance.”
The Beacon Center wants the court to issue preliminary and permanent injunctions barring the department from enforcing its final Independent Contractor Rule until the case is decided.
“I’ve chosen to be a freelance writer for nearly 30 years because of the flexibility, control, and opportunity it provides me. I’m fighting back against the Labor Department’s Rule because it threatens to destroy my livelihood and right to earn a living as a freelancer,” Littman said.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
