E&W Blog

House Democrats are poised to pass the "PRO Union Bosses Act" (H.R. 842).
 
Among the bill’s most harmful and sweeping provisions would apply California’s unworkable and discredited ABC test to determine employee status in every state in the union.
 
Like many of the Democrats’ worst ideas, the ABC test was enacted in California in a law known as AB 5, which has caused significant pain to workers, entrepreneurs, and families since taking effect in January 2020.
 
Implementation of the law has gone so poorly that the California legislature was forced to pass dozens of special-interest exemptions within the first year of the law’s effective date. And the law was modified further by a public referendum adopted last November.
 
Yet Democrats want to nationalize this job killing law without any exemptions or carve outs. Doing so will reduce job opportunities, particularly for those affected by pandemic-related closures and layoffs.
 
Shelby Givan, an educator and mother, was forced to move her family out of California when it became apparent AB 5 would prevent her from using the independent contractor model to care for her family while earning an income. She stated, "It’s like the government is trying to tell me that they know what’s best for me and for my family more than I do." She also said, "They took away my right to work and my right to make decisions about my own life. It’s impacting my ability to be the mother that I want to be and forcing me to take time away from my family, and for me, that’s personal."
 
Ms. Lisa Rothstein, a freelancer with a wealth of marketing experience described independent contractors’ view on the concept this way: "We don’t have a problem with people being in unions. We have a problem with people in unions making it hard for us to do our own work."
 
Jennifer O’Connell, a freelance writer and yoga instructor lost about three quarters of her income when California’s AB 5 was enacted, saying "the small mom-and-pop studios aren’t going to open their doors again."
 
Monica Wyman, a florist and small business owner in California is also feeling the harmful impacts of AB 5. "I should not have to close my business because I cannot hire in extra help on occasion."
 
Karen Anderson, a freelance editor, writer, and photographer living in California stated: "these politicians can say what they want about misclassifying…But the result is that lives are being destroyed, tangibly."
 
Congress should NOT be in the business of discouraging entrepreneurs and self-starters, but that’s exactly what this radical bill is all about. Sadly, it appears Democrats take no issue with harming workers and destroying jobs as long as their Big Labor allies are happy.