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national employment law project
Trump's Revived Anti-Worker Rules Condemned as 'Outright Grift'
"Every day, little by little, the Trump administration is rigging the system to benefit giant corporations and shortchange workers," said one senator.
Feb 26, 2026
President Donald Trump's "barrage of attacks on workers" continued on Thursday with announcements about two key labor rules.
The US Department of Labor (DOL) proposed an independent contractor rule that the National Employment Law Project (NELP) called "yet another example of the administration siding with major corporations and stacking the deck against working people" by "effectively allowing employers to strip workers of federal minimum wage and overtime protections."
The DOL's Wage and Hour Division proposal would replace the Biden administration's widely celebrated 2024 policy for when employers can treat workers as independent contractors under the Fair Labor Standards Act with business-friendly guidance that resembles a rule adopted just before the end of Trump's first term.
"This rule will have profound real-world consequences for working people," warned NELP. "Misclassification is common in many labor-intensive, poorly paid jobs—jobs like home healthcare, janitorial work, landscaping, personal services, and increasingly, app-dispatched ride-hail and delivery—where people of color and immigrants are overrepresented, and workers lack the bargaining power to negotiate higher wages and better working conditions."
NELP pointed to research showing that low-paid independent contractors "lag behind their employee counterparts," and some "do not even earn the federal minimum wage." The organization stressed that "this rule threatens to enshrine a two-tiered labor system where similarly situated workers receive vastly different rights and protections based on the classification chosen by the business employing them."
The new rule—which now faces a 60-day public comment period—focuses on two "core factors" to determine an employee's classification: the nature and degree of control over the work, and the worker's opportunity for profit or loss based on initiative or investment.
NELP argued that "by elevating two factors above other equally important factors, the Trump administration's test fails to account for the economic realities of many working relationships. Many workers labeled as independent contractors are not really in business for themselves because they are integrated into the operations of a larger business structure that sets most of the terms of the work."
"In app-dispatched ride-hail and delivery jobs, for example, corporations like Uber, Lyft, DoorDash, and Amazon use apps and algorithms to offer shifts or assignments to so-called independent contractors doing the core work of the business, set the wages these workers receive, surveil and assess their performance, and determine if they are offered future assignments or get 'deactivated,'" the group noted. "App-based ride-hail and delivery workers perform difficult and dangerous work without basic employment protections like the right to minimum wage and overtime, workers' compensation, and unemployment insurance."
As NELP and other critics sounded the alarm over the DOL proposal on Thursday, the National Labor Relations Board (NLRB) also revived an effort from Trump's first term, reinstating that administration's 2020 rule on joint employers.
During Trump's initial administration, the NLRB required joint employers to "possess and exercise substantial direct and immediate control" over at least one aspect of the workers' employment. In 2023, under former President Joe Biden, the board decided that two or more entities could be considered joint employers if they had an employment relationship with the workers and helped to determine their terms and conditions of employment. However, the latter was blocked by a Trump-appointed judge the next year.
Unlike the DOL proposal, the board's rule is final. The NLRB—which has two Trump appointees, one Biden appointee, and two vacancies—said in the Federal Register that "the 2023 rule was vacated by the district court, and the action the board takes today merely implements the court's decision. Our action is ministerial and therefore will have no separate economic effect."
US Sen. Patty Murray (D-Wash.), a senior member and former chair of the Senate Health, Education, Labor, and Pensions Committee, declared in a Thursday statement that "every day, little by little, the Trump administration is rigging the system to benefit giant corporations and shortchange workers—it's an outright grift and working people should be furious."
"The joint employer rule is nothing more than a return to Trump's anti-worker policies that let giant corporations skirt their basic obligations to employees—Trump is giving the biggest corporations cover to deny workers their ability to band together for better wages and working conditions and leaving millions of workers in the lurch, vulnerable to egregious violations of their rights," she said.
"At the same time, today, the Trump administration announced they're working to rescind the independent contractor rule," Murray continued. "Trump wants to let giant corporations classify workers as contractors so that they don't have to pay them minimum wage and overtime—these workers deserve fair pay."
The senator then took aim at the so-called One Big Beautiful Bill Act that congressional Republicans passed and the president signed last summer, saying that "under the Trump administration, giant corporations get giant tax breaks paid for by cutting Medicaid—the healthcare that the poorest workers are forced to rely on."
"Now, Trump wants those same corporations off the hook for every benefit, protection, and dollar they'd otherwise owe to millions of workers—it's a shakedown," she asserted. "Republicans are proving time and again, they don't care about workers—they don't want to even let workers have crumbs, but billionaires can get trillions in tax breaks that will blow up our national debt."
Murray isn't up for reelection in November's closely watched midterms, but could lead the Senate Appropriations Committee if Democrats reclaim the chamber. On Thursday, she vowed that "I am going to keep fighting for laws on the books that protect workers and build an economy that grows the middle-class, not just profit margins for the largest corporations on Earth."
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'A National Disgrace': 19 States to Raise Minimum Wage But Federal Rate Stuck at $7.25
One Fair Wage noted that "tipped workers can still legally be paid as little as $2.13 an hour, a system advocates describe as a direct legacy of slavery."
Dec 31, 2025
Over a third of US states are set to raise their minimum hourly wage in 2026, but worker advocates including Sen. Bernie Sanders on Wednesday decried a federal minimum wage that's remained at $7.25 since 2009—and just $2.13 an hour for tipped workers for over three decades.
Minimum wage hikes are set to go into effect in 19 states on Thursday: Arizona, California, Colorado, Connecticut, Hawaii, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, Ohio, Rhode Island, South Dakota, Vermont, Virginia, and Washington.
Increases range from 28 cents in Minnesota to $2 in Hawaii, with an average hike of 67 cents across all 19 states. More than 8.3 million workers will benefit from the increases, according to the Economic Policy Institute (EPI). The mean minimum wage in those 19 states will rise to $14.57 in 2026, up from $13.90 this year.
Three more states—Alaska, Florida, and Oregon—plus Washington, DC are scheduled to raise their minimum wages later in 2026.
In addition to the state hikes, nearly 50 counties and municipalities plan to raise their minimum wages in the coming year, according to the National Employment Law Project (NELP). These include San Diego, California—where the minimum wage for hospitality workers is set to rise to $25 an hour by 2030—and Portland, Maine, where all workers will earn at least $19 by 2028.
However, the federal minimum wage remains at $7.25, and the subminimum rate for tipped workers is $2.13, where it's been since 1991—and has lost more than half its purchasing power since then.
The federal minimum wage has stayed at $7.25 since 2009. In 2026, workers in 19 states and 49 cities and counties an increase. Alabama’s rate will stay at $7.25. 🔗 https://t.co/mrGfPAKba3 pic.twitter.com/EsokVIc6KP
— AL.com (@aldotcom) December 31, 2025
"Tipped workers can still legally be paid as little as $2.13 an hour, a system advocates describe as a direct legacy of slavery," the advocacy group One Fair Wage (OFW) said in a statement Tuesday.
Sanders (I-Vt.) said on social media on the eve of the hikes: "Congratulations to the 19 states raising the minimum wage in 2026. But let’s be clear: A $7.25 federal minimum wage is a national disgrace. No one who works full time should live in poverty. We must keep fighting to guarantee all workers a living wage—not starvation wages."
Yannet Lathrop, NELP's senior researcher and policy analyst, said earlier this month that "the upcoming minimum wage increases are incremental and won’t magically turn severely underpaid jobs into living-wage jobs, but they do offer a bit of relief at a time when every dollar matters for people."
“The bigger picture is that raising the minimum wage is just one piece of a much larger fight for a good jobs economy rooted in living wages and good benefits for every working person," Lathrop added. "That’s where we need to get to."
Numerous experts note that neither $7.25, nor even $15 an hour, is a livable wage anywhere in the United States.
"The gap between wages and real living costs is stark," OFW said. "According to the MIT Living Wage Calculator, there is no county in the United States where a worker can afford to meet basic needs on less than $25 an hour. Even in the nation’s least expensive counties, a worker with one child would need at least $33 an hour to cover essentials like rent, food, childcare, and transportation."
"Advocates argue that policies like President [Donald] Trump’s 'no tax on tips' proposal fail to address the underlying problem of poverty wages," OFW continued. "While the policy has drawn attention, they say it is a headline rather than a solution, particularly since nearly two-thirds of tipped workers do not earn enough to owe federal income taxes."
Frustrated by the long-unchanged $7.25 federal minimum wage, numerous states in recent years have let voters give themselves raises via ballot initiatives. Such measures have been successful even in some red states, including Missouri and Nebraska.
Rising minimum wages are a legacy of the union-backed #FightFor15 movement that began among striking fast-food workers in 2012. At least 20 states now have minimum wages of $15 or higher.
However, back then, "the buying power of a $15 minimum wage was substantially higher than it is today," EPI noted. "In 2025, a $15 minimum wage does not achieve economic security for working people in most of the country. This is particularly true in the highest cost-of-living cities."
In April, US senators voted down an amendment that would have raised the federal minimum wage to $17 an hour. Every Democratic and Independent upper chamber lawmaker voted in favor of the measure, while all Republicans except Sen. Josh Hawley (Mo.) rejected it.
As Trump administration and Republican policies and practices—such as passing healthcare legislation that does not include an extension of Affordable Care Act tax credits, which are set to expire on Wednesday and send premiums soaring—coupled with persistently high living costs squeeze workers, advocates say a living wage is more important than ever.
The issue is underscored by glaring income and wealth inequality in the US, as well as a roughly 285:1 CEO to worker pay gap among S&P 500 companies last year.
"Minimum wage doesn't cover the cost of living," Janae van De Kerk, an organizer with the Service Employees International Union (SEIU) Airport Workers union and Phoenix Sky Harbor International Airport employee, said in a video posted Tuesday on social media.
"Minimum wage doesn't cover the cost of living. Many of my co-workers have to choose between food on the table or health insurance" Janae, Phoenix Sky Harbor Airport service worker No one should have to make that choice.
[image or embed]
— Airport Workers United (@goodairports.bsky.social) December 30, 2025 at 10:34 AM
"Many of my co-workers have to choose between food on the table or health insurance, or the choice between having food and paying the electric bill," van De Kerk—who advocates a $25 hourly minimum wage—continued.
"We shouldn't have to worry about those things," she added. "We shouldn't have to stress about those things. We're willing to work and we wanna work, and we should be paid for our work."
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'When We Fight, We Win': Amazon Boosts Pay as Workers Launch Bid for $25 an Hour
"Today shows that Amazon workers are united and stronger than ever in our demands for higher pay," said one warehouse worker and organizer.
Sep 18, 2024
As Amazon workers across the United States launched a campaign demanding at least $25 an hour, the e-commerce giant announced Wednesday that it is raising hourly pay for its warehouse workers and drivers.
In what Amazon vice president of worldwide operations Udit Madan called the company's "biggest-ever investment in pay and benefits," the average starting pay for U.S. fulfillment and transportation workers will rise starting this month.
"Members of our front-line team will be getting at least an additional $1.50/hour starting this month, which will bring their average base wage to more than $22/hour and average total compensation to more than $29/hour when you include the value of their elected benefits," such as healthcare, said Madan, who added that the workers will also receive free Amazon Prime subscriptions.
While the Amazon workers who launched the drive for $25 welcomed the announcement, they say they deserve more.
"I've lost out on thousands of dollars of income. I haven't gotten a paycheck since my short-term disability—which only covered 60% of my regular pay—ended in January," said Christine, a worker at Amazon's STL8 fulfillment center in Missouri and longtime member of the STL8 Organizing Committee.
"I'm awaiting approval for long-term disability, which I applied for back in January," explained Christine, who was injured on the job. "I've maxed out my credit cards and drained my 401(k). I'm on food stamps. I just got approved for Medicaid. At one point I started a GoFundMe just to make rent. I've never been in the position of having to ask for money, but the alternative was homelessness. When you're forced into that position, you do what it takes to survive."
"Today shows that Amazon workers are united and stronger than ever in our demands for higher pay," she added. "With over 800 worker signatures on our petition and new workers joining us from across the region, together we will win the $25 an hour that we all deserve."
According to the campaign:
Research suggests working families need at least $25 to make it by. In Missouri, for example, a livable wage for a family of four is at least $25; in New York, the livable wage is even higher, at $39. However, a majority of Amazon warehouse workers reported earning wages between $16 and $20—before Amazon increased starting pay to $17 in September 2023. Amazon itself reports an average pay of $20.50.
"The $1 raise that Amazon gave workers last year was shameful. After accounting for inflation, it wasn't even a raise," lamented Irene Tung, senior researcher and policy analyst at the National Employment Law Project. "Our research has shown that Amazon tends to locate its warehouses in high earnings counties around the country, but lags behind other warehouse employers in pay—even though it can afford to pay workers much more."
Advocates point to Amazon's $30.4 billion 2023 profits as proof that the company can afford to pay its workers more.
"Raising pay by 25% would bring Amazon workers much closer to a middle-income standard of earnings," Tung said. "Given Amazon's size and the enormity of its wealth, it is not far-fetched to ask why this company has thus far failed at creating middle-income jobs for the hundreds of thousands of U.S. workers that power its operations."
Beth Gutelius—the author of Handling Hardship: Data on Economic Insecurity Among Amazon Warehouse Workers—said in a statement that "if warehouse wages had kept pace with inflation, workers would be earning $25.66 an hour—so workers are simply asking Amazon to bring wages in line with the cost of living, which as we know has risen sharply."
"Doing so would help ensure that workers are able to meet their basic needs without relying on public assistance," she added.
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