#abc test

TL;DR: Please call your representatives to speak out against the ABC Test, even though the Pro Act is great. It will ruin the gig economy nationwide.

Most of us would agree here that unions are good. Unions are great! There’s a bill in the House of Representatives right now that extends union and employee protections. It’s being voted on in the House in a few days. This is a great bill! However, one part of it is very misguided.

The bill makes the ABC Test federal, which is a test to determine if someone is a part of a company, or if they’re an independent (i. e. a freelancer). I won’t go into exactly how it determines this, but suffice to say, it means companies will have to hire people as employees instead of hiring them as independent contractors. On paper this seems good - more gig workers will get better protections from unions. However, it just means companies won’t hire independent contractors anymore. It’s a holdover from the 30s that isn’t accurate anymore.

A couple years ago, this went into effect in California. It wrecked the gig economy there, and was removed in 11 months. What will happen if this goes nationwide?

To clarify: I AM NOT AGAINST THE PRO ACT. I think it is a great step in the right direction. But the ABC test cannot be a part of this. The fact that both the House and the Senate are Democrat majority right now means this is very likely to go through if we don’t do something.

Please, please call your House representatives and senators to speak out against this. Make sure you clarify the PRO Act as a whole is great, but the ABC Test will be disastrous to the gig economy. 

I’m going to reblog this with links to find your representatives and senators.

Think you're an independent contractor? California law says you're probably an employee.

The ABC test puts the burden on employers to prove all three: • A: You're free from their control (not just following their rules) • B: Your work is outside their core business (plumber for a restaurant = maybe; server for a restaurant = no) • C: You run an independent business (multiple clients, your own tools, marketing your services)

Fail even one test? You're an employee entitled to:

Minimum wage & overtime

Meal and rest breaks

Workers' comp coverage

Unemployment insurance

Paid sick leave

Your contract doesn't matter—courts look at how you actually work. The Dynamex decision and AB5 made this clear: California protects workers from misclassification schemes.

Classifying California Cannabis Workers

By Griffen Thorne, Attorney at Harris Bricken California is one of the trickiest states in the U.S. for employers, and especially for cannabis employers. The numerous, byzantine requirements here simply don’t exist in many other states. Classifying California cannabis workers is one of the biggest challenges for local industry. Cannabis companies often think they can get around employment law…

Musicians will be provided relief under a new agreement in Assembly Bill 5, a gig economy bill, that will protect music professionals, including recording artists, musicians, composers, songwriters and vocalists.

AB 5 was introduced to protect the gig economy workers rights by changing their status from independent contractors to employees. The bill was aimed at companies like Uber and Lyft…

SACRAMENTO – Assemblyman Kevin Kiley (R-Rocklin) announced a new bill, AB 2075, to provide a Grace Period for AB 5 compliance through the rest of 2020.

“This modest relief provides breathing room while changes to AB 5 are being worked out,” Kiley said.

At least 34 bills proposing changes to AB 5 have been introduced by legislators of both parties this year. That includes a bill from the author of…

Sacramento, Calif. – Assemblywoman Melissa Melendez (R-Lake Elsinore) announced she introduced Assembly Bill 71, which seeks to enact clear provisions protecting independent workers while rolling back the dangerous precedent set in the California State Supreme Court decision Dynamex Operations West v. Superior Court.

“This legislation addresses the chilling and potentially harmful impacts the Dyn…