The so-called “gig economy” encompasses hundreds (perhaps thousands) of professions and 59 million Americans and is growing.
However, because independent contractors (aka “freelancers” or “gig workers”) are not “employees” under National Labor Relations Act and cannot be unionized, unions and their political allies are trying to kill the gig economy at the state-by-state level, as well as at the federal level through the “PRO Act” by enacting a draconian measure called the ‘ABC Test.’
Since first covering this issue on Labor Relations Radio back in February, there has been a lot of things happening across the country in the fight to save the gig economy and freelancers’ and gig workers’ ability to work.
In this episode of Labor Relations Radio, Kim Kavin, one of the leaders of the grassroots group Fight for Freelancers USA, returns to the podcast and shares updates, as well as clarifies some of the issues around the fight to save the gig economy.
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Under the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:
(A) that 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;
(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and
(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
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