1/11 Hey @EyalPress and @NewYorker, this is inaccurate:
“In July, word leaked that the Labor Department was rushing to enact a new rule that would more broadly define the term ‘independent contractor.’” https://www.newyorker.com/magazine/2020/10/26/trumps-labor-secretary-is-a-wrecking-ball-aimed-at-workers
“In July, word leaked that the Labor Department was rushing to enact a new rule that would more broadly define the term ‘independent contractor.’” https://www.newyorker.com/magazine/2020/10/26/trumps-labor-secretary-is-a-wrecking-ball-aimed-at-workers
2/11 This proposed rule would actually be the first time ever that the term “independent contractor” was defined under the Fair Labor Standards Act. It doesn’t “more broadly define” anything. It suggests the creation of an actual definition in the FLSA.
3/11 The reason such a definition is necessary at the federal level is because at the behest of union bosses, California enacted #AB5, severely *restricting* the definition of an independent contractor. The 1930s ABC rule in AB5 was so outrageously over-restrictive that it ...
4/11 ... wiped out the careers of independent contractors in hundreds of professions. Other states where Democrats have trifecta control, including NY and NJ, tried to copy AB5 last year, but failed because the economic fallout in CA was already clear. Independent contractors ...
5/11 ... themselves—not corporations—came out in force to tell lawmakers we want to remain independent contractors.
This is a fact repeated in study after study. 70-80% of ICs want to remain ICs. Even during the pandemic, 60% of ICs said no amount... https://fightforfreelancersusa.com/data-and-studies/
This is a fact repeated in study after study. 70-80% of ICs want to remain ICs. Even during the pandemic, 60% of ICs said no amount... https://fightforfreelancersusa.com/data-and-studies/
6/11 ... of money would get them to go back to a traditional job.
The USDOL proposed rule recognizes this fact. As Secretary Scalia wrote, “Unlike AB5, our rule doesn’t aim to slant the analysis toward classifying independent contractors as employees. ...
The USDOL proposed rule recognizes this fact. As Secretary Scalia wrote, “Unlike AB5, our rule doesn’t aim to slant the analysis toward classifying independent contractors as employees. ...
7/11 ... “In part, that’s because we recognize there are powerful reasons why some workers prefer to be independent, rather than accountable to a company as its employee.” ... https://www.foxbusiness.com/economy/labor-secretary-gig-workers-rule-contractors-businesses
8/11 What is actually happening with independent contractor law is an assault against the majority will of ICs themselves. It is illegal to unionize an IC, so unions want fewer ICs to exist. This is the premise of overreaching laws like #AB5. Even California’s own nonpartisan ...
9/11 ... Legislative Analyst’s Office now says as many as 1 million ICs will be affected. Most will lose work.
I see that @EyalPress, who wrote this article, is a freelancer. Laws like #AB5 using the 1930s ABC rule make it illegal for him to write articles for @NewYorker...
I see that @EyalPress, who wrote this article, is a freelancer. Laws like #AB5 using the 1930s ABC rule make it illegal for him to write articles for @NewYorker...
10/11 ... because freelance writers can’t pass B-prong of the ABC Test. The relationship @NewYorker has with the writer of this very story is outlawed with laws like AB5. Under the USDOL proposed rule, that relationship is protected, and this article can exist. ...
11/11 Before you write about independent contractor issues again, you should understand these basic facts. The laws unions are pushing—and USDOL is pushing back against—threaten your very own business model.
#FightForFreelancers
#FightForFreelancers