Legislation That Hurts More Than it Helps
Everyone has been hit hard by COVID, but some of the hardest hit are gig workers and freelancers, especially in California. Though acts similar to AB-5 have been brought to the table in other states; notably New York and New Jersey, pressure from those who are not Union stooges in legislative clothing were able to stop the spread of insanity and anti-freelance legislation, at least temporarily.
Meanwhile, freelancers from many industries have been chipping away at AB-5 slowly, but relentlessly. Freelance musicians caught a break on April 17th when they received an exemption from the restrictions and constraints imposed by AB-5 (which, by the way, was intended to target Uber, Lyft, Doordash, and Postmates). Writers, photographers, and videographers were stuck with both the unfair restrictions, and loss of income until September 4th when AB-2257 was signed into law.
Many other industries which allowed the elderly, handicapped, and single parents to work from home and support their families are still hobbled by AB-5, but recent successes give them hope. Naturally, Uber and Lyft, with their ability to hire expensive legal teams continue to fight the bill, and have managed to get a proposition on the November ballot. If passed, the companies would be exempt from providing benefits to employees as directed under AB-5. Though they’d have to comply with the requirement to hire their drivers as employees, they’d be relieved of a large portion of the cost of doing so after failing to convince the courts to give them a full exemption. I, for one would love to hear from the Taxi companies on this one, as they’re the most adversely affected by Uber and Lyft, and have likely been the biggest beneficiaries of AB-5 thus far.
Taking Our Fight to the National Level
I’d like to say the battle for some of us is over, but in truth, it’s not. All the Democratic 
candidates for President, including the one who won the right to run in November, Joe Biden, support the PRO Act, aka H.R. 2474, which is essentially AB-5 on the Federal level. Though “PRO” stands for “Protecting the Right to Organize” it is, in my opinion, a thinly veiled attempt by the Unions to take the battle they won, albeit temporarily in California, to the entire country. In fact, it suppresses the rights of individuals like me to continue to pursue their business either as a sole proprietor, or individual despite the fact that we:
- Charge by the project or task, not by the hour
- Set our own rates
- Enter into written contracts with our clients
- Work independently and without employee benefits or restrictions by choice
- May, by virtue of age, physical limitations, or personal responsibilities be unable or unwilling to obtain full- or part-time work as an employee
- Are able to earn considerably more as a freelancer than an employee, thereby paying more taxes into the State and Federal coffers
If I were a single issue voter as too many are lately, this would prompt me to vote against Joe Biden simply because it takes away my right to work. In fact, the following appears on his campaign website:
Toward that end, President Biden will:
- Make it easier for workers who choose to unionize to do so. Today, workers face an uphill battle of anti-union intimidation and intense employer opposition when trying to organize a union. And, too many employers are able to “run out the clock” on negotiating an initial collective bargaining agreement. Biden strongly supports the provisions of the PRO Act that address union organizing, as well as additional aggressive remedies that will…
What’s In a Word?
In my opinion, the word “choose” is misused as the proposed law would force people to become employees and Union members, or risk starvation and homelessness. Union money is being well-spent to further their own interests, and ONLY their own interests as proven by this section of the PRO Act support verbiage, also from Joe Biden’s page:
But today, union members make up just 10.5% of the American workforce. That’s down from 35% in the 1950s. It is no coincidence that this decline has occurred at the same time as rising income inequality. When workers are blocked from organizing and engaging in collective bargaining, stagnant wages and a declining middle class are the predictable result.
Though labor unions contribute a large portion of the dues they collect to politics via lobbying groups and direct campaigns, OpenSecrets.org graphically demonstrates how the reduction in Union membership has not only reduced contributions, but along with it, the influence Unions have had, primarily over the Democratic party in recent years.
By effectively forcing workers to become Union employees or starve, they’re seeking to use questionably legal means to regain their power and former, again in my opinion, unfair influence. Some of those who are being adversely affected see this issue as reason enough to vote for the opposing party, assuming, albeit naively that their rights and livelihood will be protected. My question to them is two-fold: 1. How can you be sure? and 2. At what cost?
Our Dysfunction Boils Down to Single-Issue Voting
Just as many are basing their November vote on issues like gun control or abortion (which in 
my opinion is really a woman’s right to choose, not to mention misunderstanding the purpose and activities of Planned Parenthood), ignoring the bigger picture entirely, I believe my fellow freelancers who are allowing the Democratic tendency towards blind and self-serving support of Unions to make them equally myopic. They refuse to see anything other than the fact that their livelihood is being threatened. Though I agree it’s a major issue, there’s so much more at stake.
What it all boils down to is the average American votes from their most selfish, self-serving position. Is it any wonder our politicians do the same? When push comes to shove, everyone votes in accordance with their pocketbooks and personal, if misguided morality. Essentially everyone believes they deserve certain rights, and they deserve to shove those rights down the throats of everyone else. So much for a country established to ensure freedoms.
Clearly, the one people will go to great lengths to protect is the freedom to be inordinately selfish. The trouble with that one is if we’re all being selfish, and have widely diverse ideas of what we should and should not be allowed to do, we end up exactly where we are today; fighting over stupid things while the immoral and opportunistic steal ALL our freedoms from right under our out-of-joint noses.
Freelancers may be slowly picking away at AB-5 in California, and preventing passage of similar bills in other states, but unless the selfishness is halted, and people look at the bigger picture, the reality is, all the hard work will be for naught when H.R. 2474 is signed into law on the National level—as it is likely to be, no matter who wins the election in November.
About the Author
Sheri Conaway is a Holistic Ghostwriter, and an advocate for cats and mental health. Sheri 
believes in the Laws of Attraction, but only if you are a participant rather than just an observer. Her mission is to Make Vulnerable Beautiful and help entrepreneurs touch the souls of their readers and clients so they can increase their impact and their income.
If you’d like to have her write for you, please visit her Hire Me page for more information. You can also find her on Facebook Sheri Levenstein-Conaway Author. And check out her new group, Putting Your Whole Heart Forward.
Be sure to watch this space for news of the upcoming releases of ” Rebuilding After Suicide” and “Sasha’s Journey”.
