No, the PRO Act Wouldn’t “Kill” Freelancing

Some freelancers have come out against the PRO Act, insisting that the pro-labor bill threatens their livelihoods. But they needn’t worry: the bill would transform labor relations for the better, it wouldn’t “kill” freelancing.

A small but vocal community of freelance writers has taken to social media to signal its opposition to the PRO Act’s inclusion of the so-called ABC test. (Kaitlyn Baker/Unsplash)


Private opposition to the Protecting the Right to Organize (PRO) Act has so far been surprisingly muted. The proposed bill is remarkably comprehensive in nature, encompassing the most far-reaching rewrite of the National Labor Relations Act (NLRA) since the Taft-Hartley Act passed in 1947. Perhaps this is because few insiders believe the PRO Act can pass a deadlocked Senate without a clearer commitment by Democratic politicians to gut the legislative filibuster, but whatever the case, you have to do some digging to see any real organized campaign against the bill as a whole. Even then, it’s the usual suspects ringing the alarm bells: the Chamber of Commerce, the Associated Builders and Contractors, the HR Policy Association, and other organizations which historically have strongly opposed unionism and any pro-worker legal amendments.

The exception to this is coming from a small but vocal community of freelance writers who have taken to Twitter and other social media platforms to signal their opposition to the bill’s inclusion of the so-called ABC test. The test, which, contrary to popular belief, has appeared in numerous state laws long before California’s Dynamex/Prop 22 episode, states that a worker is presumed to be an employee unless the employer can show that all three of the following conditions are satisfied:

A. The worker is free from the control and direction of the hiring entity in connection with the performance of the work;

B. The worker performs work that is outside the usual course of the hiring entity’s business; and

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

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