The PRO Act is being rushed through congress this week. It will destroy the livelihood of freelancers and independent contractors and force everyone to have a boss.

If you work in the app-based Gig economy, Independent Contractor, Freelancer, then you need to be very familiar with what is going on quickly.   The PRO Act will effect all 50 states, including the 27 “right-to-work” states.   Here is a cheat sheet of articles from the last 2 days to bring you up to speed:

  • Washington Post:    House passes bill to rewrite labor laws and strengthen unions
    One of the most significant bills to strengthen workers’ abilities to organize in the past 80 years passed the House on Thursday, the latest sign of momentum for the labor movement.   The Protecting the Right to Organize Act, known as the PRO Act, would amend some of the country’s decades-old labor laws to give workers more power during disputes at work, add penalties for companies that retaliate against workers who organize and grant some hundreds of thousands of workers collective-bargaining rights they don’t currently have. It would also weaken “right-to-work” laws in 27 states that allow employees to forgo participating in and paying dues to unions.   The House passed the bill with a vote of 224 to 194, mostly along party lines….
    [read full article]
  • National Law Review:    US Federal Labor Viewpoints
    The AFL-CIO’s executive board is set to meet next week, where it is expected to firm up its position on eliminating the 60-vote filibuster, which is viewed increasingly as an obstacle to advancing key priorities for organized unions – including approval of the Protecting the Right to Organize Act of 2021 (“PRO Act”; H.R. 842). Eliminating the filibuster is a priority for progressives Nonetheless, even if organized unions back this initiative, it the initiative will not likely gain the support of the White House. Organized unions – key supporters of Democrats and President Biden – have seen victories thus far with the Biden Administration, such as the removal of NLRB’s former General Counsel and, more recently, pressing President Biden to speak out on the union election at an Amazon factory in Alabama….
    [read full article]
  • Citizens Against Government Waste:    The PRO Act Will Infringe on the Freedom of Workers
    Millions of people in the United States work for themselves, at a time and for the jobs that they choose. Unfortunately, the Protecting Right to Organize Act (PRO Act) threatens those choices and that freedom. While the purported purpose of the legislation is to protect employees, it would have the opposite impact.   The PRO Act would turn into federal law California’s “ABC test” under AB 5, which was enacted in 2019, to determine if a worker is an employee or a contractor. While the legislation exempted several professions, including accountants, architects, attorneys, insurance agents, and real estate agents, it covered hairdressers, freelance writers, tutors, and app-based workers for companies like DoorDash, Instacart, Lyft, and Uber. Since the bill’s passage in 2019, the California legislature has agreed to exempt several industries from AB5…..
    [read full article]
  • Doctor Freelance:    You may not be interested in the PRO Act, but it’s interested in you
    PRO Act. ABC test. Two acronyms that could negatively affect all U.S. freelancers, whether we’re writers, editors, designers, or any other type of independent contractor in a creative freelance enterprise. The tl;dr scoop is this: With barely a hearing or discussion, the U.S. House of Representatives will soon be voting on the Protecting the Right to Organize Act, a.k.a., PRO Act (a.k.a., H.R. 842). The act would codify into federal law California’s stricter ABC test (rather than the existing IRS test) for classifying workers as independent contractors vs. employees. Here’s what it says: “An individual performing any service shall be considered an employee…and not an independent contractor…..
    [read full article]
  • Land Line Media:    OOIDA asks lawmakers to vote against PRO Act
    Under the strict ABC Test, all workers are considered employees unless the hiring business demonstrates that three factors are established:A. That the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of the work and in fact.B. That the worker performs work that is outside the usual course of the hiring entity’s business.

    C. That the worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed.

    Opponents of the ABC Test say that the B prong could make it impossible for truck drivers to work as an independent contractor for a motor carrier…..
    [read full article]

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