Protect Independent Contracting in America
Here's the latest dispatch.
Good morning,
For you newbies out there, welcome to Outsider on the Inside. I hope this dispatch from in and around the nation’s capital on underreported topics finds you well.
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Here’s what I have for you on this special Saturday edition.
Submit Comments Opposing DOL Independent Contractor Rule
The proposed rule, titled Employee or Independent Contractor Classification Under the Fair Labor Standards Act, was published on October 13th.
The rule, if enacted, would model guidance on worker classification after California’s disastrous Assembly Bill 5—a law that has displaced countless Californians from independent work.
If you’re unfamiliar with AB5, it’s the standard California uses to assess a worker’s status and assumes most workers are default employees — not independent contractors (IC). From the California Department of Industrial Relations website:
Q.What is the ABC test?
A. Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:
The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
The worker performs work that is outside the usual course of the hiring entity’s business; and
The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
California workers must meet all three prongs of the ABC test to be considered an IC. That’s tedious and imposes burdens on independent workers.
In comparison to AB5, the DOL’s definition isn’t a huge departure:
The Department is further proposing to return the consideration of investment to a standalone factor, provide additional analysis of the control factor (including detailed discussions of how scheduling, remote supervision, price-setting, and the ability to work for others should be considered), (A Prong) and return to the longstanding interpretation of the integral factor, which considers whether the work is integral to the employer’s business (B Prong). The Department believes this proposed rule is more grounded in the ultimate inquiry of whether a worker is in business for themself or is economically dependent on the employer for work. (C Prong).
The ultimate goal with reclassifying most workers as employees (W2 filers) is to more easily coerce them into unions—a goal of the Biden administration as realized through the Protecting the Right to Organize (PRO) Act. (It’s currently stalled in Congress.) Make no mistake about that.
This measure stands in contrast to the burgeoning freelance economy, which is 59 million members strong (and growing). Economic trends point to more American workers freelancing in some capacity, full-time or part-time, in the future.
Workers are overwhelmingly fulfilled and happy in these arrangements, and aren’t asking for “rescuing” by unions.
Per the Administrative Act of 1946, the public has 45 days to respond to proposed regulations from agencies. You have until November 28th to submit comments. Go here to make your voices heard.
CNN Hires The Reload’s Stephen Gutowski as a Contributor
With this latest news, I guess I’ll have to start watching CNN…
Stephen Gutowski, owner/proprietor of The Reload and the most trusted firearms reporter in the U.S., just signed on as a CNN Contributor as part of their new “Guns in America” beat.
“I’m excited about the opportunity to work with many solid reporters and reach a new audience. I’ve long criticized how major media outlets have reported on firearms. A severe lack of knowledge about guns, gun owners, gun laws, and even gun politics is endemic throughout the industry,” Gutowski explained in a post at The Reload.
Stephen also promised, “Nothing will change here at The Reload. We will continue to produce sober, serious firearms journalism on the same schedule as before. We will remain independent and informed. If anything, my role as a CNN contributor will help us grow by reaching a lot of new people with our unique approach to covering guns in America.”
If detractors think Gutowski won’t be his authentic self when providing analysis, he reassures supporters he has no intention of wavering:
CNN is paying me for my insight and analysis. That’s exactly what I plan to give them without fear or favor. Nobody has tried to tell me what to say or implied I ought to change my approach, which is good because I would have declined to move forward had that been the case.
Congrats, Stephen! This opportunity couldn’t happen to a better guy. Hopefully this move signals CNN is pivoting back to original news reporting.
ICYMI
Articles/ commentary/media appearances from the past week.
MEDIA MENTIONS:
I spoke to Peter List from Labor Relations Radio about all things freelancing.
And I returned to The Randy Tobler Show to discuss IWF’s Gala, ESG, and the DOL rule.
ARTICLES/BLOGS
Podcasts You May Have Missed
Catch up on District of Conservation episodes below.
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—Gabriella