Articles and Op-Eds

Lawmakers Must Strip the ABC Test from the PRO Act

As published by Business Insider, “We don’t need new laws that help some, but also legislate hundreds of thousands of successful careers out of existence. LeRoy agreed the ABC test is a blunt tool that ‘oversimplifies’ the labor force and would need ‘significant refinements’ and exemptions if kept in place. A potential solution could be a multi-factor balancing framework to determine who’s an employee, one like the IRS uses.” … Read more …

Articles and Op-Eds

PRO Act and ABC Test

As published by Forbes: “Experts in tax law as well as labor law attorneys representing both employers and employees have all told me that the legislation will potentially clash with existing laws in many ways. Untangling that could require years of court cases, potentially endanger the ability of many long-established independent contractors to continue their businesses, and even possibly hurt many people supporters claim it will help.” … Read more …

Articles and Op-Eds

The PRO Act’s Attack on Independent Contracting

As published by the U.S. Chamber of Commerce: “The reality is that the PRO Act would apply California’s ABC test to the NLRA in all 50 states (and without the numerous exemptions that the California legislature later had to enact to mitigate AB 5’s ill effects). That alone is a dramatic change and it would be the first time the federal government has adopted this restrictive ABC test. It also is quite likely that once this ABC test is established under one law, it will be the pretext for it to spread into other areas, and we have already seen the Department of Labor engage in rulemaking on independent contracting.” … Read more …

Articles and Op-Eds

“I’m a freelancer who could lose out on income, flexibility, and being the primary caregiver to my child if the PRO Act passes”

As reported by Business Insider: “If the PRO Act passes in the Senate without any changes to its language and the ABC test becomes the standard used to classify employees, the fallout for my career and family could be considerable. I know because I’ve already once had to make major life changes due to the ABC test.” … Read more…

Articles and Op-Eds

“I backed Biden and the Democrats. But their pro-union bill could kill my career”

As reported by NBC Think: “Don’t enact sweeping legislation that squashes the vast majority of independent contractors and call it part of your plan ‘to create an economy where everyone can succeed.’ It’s a great slogan, and it plays well on a Twitter video, but it’s hypocrisy as long as the ABC test is part of your plan to do it.” … Read more …

Articles and Op-Eds

PPP vs. PRO: A textbook case of cognitive dissonance in Washington

As published in The Hill: The truth is that Americans like me need to be saved not by, but from deeply misguided ABC Test legislation. Any lawmaker who agrees with making PPP better for small-business owners now, and who agrees that nonemployer firms like mine are important to the U.S. economy going forward, must also vote no on ABC Test laws like the PRO Act. … Read more …