Logo

What the PRO Act means to Freelancers - Gallery view
Kim Kavin
27:16
This is the ABC Test from the PRO Act:
Kim Kavin
27:18
“An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless—“(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact;“(B) the service is performed outside the usual course of the business of the employer; and“(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.”.
Kim Kavin
30:01
This story explains the difference between how the ABC Test is used in California’s AB5 (which is now law), and how it would be used under the PRO Act (which is legislation pending in the U.S. Senate):
Kim Kavin
30:03
https://www.entrepreneur.com/article/375047
Kim Kavin
31:42
This is the press release from when ASJA sued the State of California over AB5. That case is now working its way through the federal court system:
Kim Kavin
31:45
https://asja.org/About-ASJA/Independent-Writers-Sue-California-to-Protect-Rights-of-Freelancers-New-Law-Threatens-Careers-and-Violates-the-Constitution
Kim Kavin
33:46
Jen Miller’s op-ed in the Philadelphia Inquirer (the first of many that we freelancers from New Jersey published):
Kim Kavin
33:48
https://www.inquirer.com/opinion/commentary/new-jersey-worker-bill-freelance-20191119.html
Kim Kavin
34:13
Link to the Fight For Freelancers New Jersey group on Facebook:
Kim Kavin
34:13
https://www.facebook.com/groups/538820226911470
Kim Kavin
34:38
The website for Fight For Freelancers New Jersey:
Kim Kavin
34:39
https://fightforfreelancers.com/
Kim Kavin
36:46
Facebook page for Fight For Freelancers New York:
Kim Kavin
36:47
https://www.facebook.com/groups/2283471385090761
Kim Kavin
37:22
Link to the federal PRO Act:
Kim Kavin
37:24
https://www.congress.gov/bill/116th-congress/house-bill/2474/committees
Kim Kavin
38:09
Joe Biden’s campaign website promising to follow California’s lead and make the ABC Test the basis for all labor, employment and tax law:
Kim Kavin
38:10
https://joebiden.com/empowerworkers/
Kim Kavin
38:50
Link to reintroduced PRO Act for the current legislative session:
Kim Kavin
38:50
https://www.congress.gov/bill/117th-congress/house-bill/842
Kim Kavin
39:42
Facebook page for Fight For Freelancers USA (which focuses on the federal PRO Act, as opposed to the state-level bills):
Kim Kavin
39:44
https://www.facebook.com/groups/fightforfreelancersusa
Kim Kavin
40:00
Website for Fight For Freelancers USA: https://fightforfreelancersusa.com/
Kim Kavin
43:09
Here is the ABC Test again:
Kim Kavin
43:10
ABC test would change National Labor Relations Act to state: “An individual performing any service shall be considered an employee and not an independent contractor, unless(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact;(B) the service is performed outside the usual course of the business of the employer; and(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.”
Deborah Robson
46:45
As part of an ASJA effort, several of us in Colorado had an online meeting with a high-level staffer for Sen. John Hickenlooper about the PRO Act. He pushed back on us significantly, saying our concerns were irrelevant because the ABC test was only being applied with regard to the National Labor Relations Act, and would not affect us. He did not understand (or, obviously, accept) our concern that it could or would be applied in other contexts once it was in place there.
Kim Kavin
48:09
Analysis of the PRO Act by a former chairman of the National Labor Relations Board: https://www.jdsupra.com/legalnews/the-pro-act-s-changes-to-independent-8247067
Kim Kavin
59:03
What JoBeth was saying while frozen: app-based workers (like those driving for Uber and Lyft) make up a tiny percentage of all independent contractors in the United States—but huge amounts of media coverage focuses on them
Kim Kavin
01:00:58
On this page of the Fight For Freelancers USA website, you can find multiple studies showing that the majority of U.S. independent contractors prefer to remain self-employed, earn as much as or more than they would in a full-time job, etc.: https://fightforfreelancersusa.com/data-and-studies/
Kim Kavin
01:01:23
These studies date back to 2015. Some were done by the federal government itself.
Kim Kavin
01:07:34
White House statement where President Biden says the PRO Act should be included in the American Jobs Plan: https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/
Kim Kavin
01:09:52
This story explains how the U.S. Labor Department under President Biden could replace the freelancer-friendly rule (which it just withdrew) with the ABC Test: https://www.natlawreview.com/article/what-s-old-new-now-dol-rescinds-trump-era-worker-classification-rulemaking-eyes
Kim Kavin
01:11:55
This op-ed explains what California’s experiment with this ABC Test taught us all: Exemptions are not the solution. https://www.ocregister.com/2021/04/24/even-with-exemptions-ab-5-is-still-rotten-to-the-core/
Kim Kavin
01:15:22
The business community as embodied in the U.S. Chamber of Commerce is alarmed—and calling the PRO Act an outright “attack” on independent contractors: https://www.uschamber.com/article/the-pro-act-s-attack-independent-contracting
Kim Kavin
01:18:09
This is AJSA’s advocacy resources page: https://asja.org/general-resources-advocacy
Kim Kavin
01:18:52
This is where you can type in your ZIP code to find out who your U.S. senators are, and how to contact them: https://www.senate.gov/senators/senators-contact.htm
Kim Kavin
01:19:13
Fight For Freelancers USA “What to Do” page: https://fightforfreelancersusa.com/what-to-do/
Kim Kavin
01:19:33
Fight For Freelancers USA group: https://www.facebook.com/groups/fightforfreelancersusa
Debbie Abrams Kaplan
01:22:29
Thank you for your help, Kim!!
Kim Kavin
01:22:35
My pleasure :)
Kim Kavin
01:22:57
CALL YOUR SENATORS! TELL THEM TO VOTE NO ON THE PRO ACT AS LONG AS THE ABC TEST IS STILL IN IT!
James Brannigan
01:23:46
Debbie, JoBeth and Kim, thank you for your efforts and resources today!