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Wednesday, December 3, 2025

Free to Prosper: Labor and employment - Competitive Enterprise Institute

Employers are struggling to fill open positions and supply chains are still fragile. Federal employment policy needs to adapt to new economic realities rather than forcing emerging industries to conform to outdated laws.

The supply chain crises in recent years highlight the damage to the broader economy when flexibility and adaptability are lost. Shortages of truckers caused by federal regulations and antiquated ports resulted in freight backlogs that have rippled throughout the economy and allowed unions to hold the economy for ransom.

Meanwhile, workers across the economy are opting for new work models such as gig economy jobs and contract work. It’s time to focus on policies that protect individual workers and maximize their ability to sell their labor on an open market. To facilitate this new reality, Congress should:

  • Amend the Fair Labor Standards Act (FLSA) to allow workers to register with the Department of Labor (DOL) as freelancers;
  • Pass the Employee Rights Act; and
  • Place the ports and their workers under the Railway Labor Act instead of the National Labor Relations Act.

Fair Labor Standards Act: The Fair Labor Standards Act currently does not have an official category for “self employed.” Congress should add one and allow workers to register with the Department of Labor as a freelancers. This could be done electronically through the main DOL website. Workers would get a freelancer ID number to provide when applying for contract work. This would clarify...



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