If you’re a freelancer or independent contractor, the #PROAct comes down to risk management. We have decent control over the risks in our business. Work hard, price right, diversify your clients/industries/skills and you’ll stay busy. 1/11
But there are also exogenous risks. #Freelance clients disappear for a variety of reasons, many of them beyond our control. 2/11
Over the course of 22 years, I’ve lost biz to budget cuts, bankruptcies, PMs or editors who retired or moved to different companies, and full-time people hired to do the work I was doing as a #freelancer. Stuff happens. 3/11
On the bigger scale, you’ve got the overall economy. I’ve survived 3 recessions in my #freelance career. Again, not a risk under our control. Managing="it’s going to happen, plan your finances accordingly." 4/11
Nothing I’ve seen about the #PROAct or being a union member would prevent *any* of the above situations or the risks of them occurring.
But by virtue of the #ABCTest, it dramatically increases our risk of issues. 5/11
In the world of magical Skittles-shitting unicorns, everything turns out great! The ABC Test stays confined to labor law, and we independent contractors go about our business. 6/11
Last time I checked, though, unicorns are in short supply. With Big Labor/Big Government tag-teaming in favor of ABC tests in employment and tax law, independent contractors and our clients won’t be able to escape it.
How ‘bout pricing risk? Envision a future where unionized in-house employees who do freelancer-ish tasks have a negotiated rate. Will unions allow independent contractors (i.e., "the competition") to negotiate above and beyond that?
Nah, bruh. 8/11
Ah, but even some #freelancers are saying “Don’t worry about it. Surely the government will understand our plight and create a bunch of exemptions like they did in Cali!"
(Have you met my unicorn? Do you like Skittles?)
100% pure risk. Hard frickin’ pass. 9/11
What’s the risk to unions and politicians if they simply swapped the IRS regs in for the ABC Test? I’ve yet to see a good explanation why it’s impossible.
My hunch: The PRO Act would be virtually toothless, w/ no incentive for people to unionize if they aren’t forced. 10/11
Final thought: The lack of business visibility to the entire situation is the riskiest aspect of all. “Passing the #PROAct to see what’s in it”=an unacceptable gamble.
I arrive at the front door w/ a box of magazines under my left arm, a cup of coffee in my right hand, and a 3-pound Motorola Rat Patrol cell phone on my hip that's dragging down my pants.
2/
As I approach the door, a surly-looking guy steps into my way with a dolly.
Me: Uh, good morning.
Surly Guy: You can't bring that in here yourself. <points at magazine box>
Me: ????
SG: Put it on the dolly. We need to take it to the loading dock.
3/