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Update: Where We Freelancers Stand | President's Post by Laura Stigler

03 Feb 2025 12:45 PM | Laura Stigler (Administrator)
Durbin

Last month I gave you an update on whereIWOC is in terms of merging with WPN (Writers & Publishers Network). So it now seems only fitting to update you on where we freelance writers stand in terms of being able to continue as such. I’m referring to what I’ve been writing about here in several Stet issues over the past four years – the fight for independent contractors (ICs) to remain independent. Being classified as W-2 employees (and thus be vulnerable to unionization) is something the vast majority of us do not want, given the freedom and flexibility the freelance life offers. A life we've freely chosen. So here's the latest:

First, a bit of a recap

In March 2024, the U.S. Depart of Labor enacted the “Classification of Employees and Independent Contractors Under the Fair Labor Standards Act.” Nullifying the previous Administration’s far simpler and more IC-friendly rule, this new rule was patterned after California’s complex AB5, a law that determined whether or not independent contractors were in fact their clients’ employees. The result: over 4.5 million careers of ICs and entrepreneurs were destroyed overnight in over 600 fields. With the USDOL 2024 rule launched, the job destruction was poised to spread nationally to millions more. 

That was then.

A bit of hope

While fully supporting unions, the current Administration has voiced strong support for all workers, affirming that all workers, be they W-2 employees or 1099 independent contractors, have a right to earn their livelihoods however they wish. It’s just the American way. 

Yet there has rightly been some consternation at the nomination of former Congresswoman Lori Chavez-DeRemer for U.S. Labor Secretary. She had been a proponent of the AB5-based anti-independent contractor PRO Act (Protecting the Right to Organize). But here’s where a glimmer of hope comes in, offered by Patrice Onwuka, director of the Center for Economic Opportunity at Independent Women’s Forum. Quoting her from a recent issue of Kim Kavin’s Freelance Busting newsletter:

“The Labor Secretary serves the agenda of President Trump. Former Congresswoman DeRemer is no longer beholden to the constituents of one district or that may have had heavy partisan leanings. She has to represent the interest of all U.S. workers, employers and businesses. That may give her a broader perspective that many interests need to be considered.

Her past support for the PRO Act raises questions, but that bill is dead. Now, she has an opportunity to demonstrate her commitment to self-employed Americans and President Trump’s commitment to the economic engine of this country by working to undo the damage of Biden-era policies. She has assured us at IWF that her door is open to everyone. She's listening.”

That is good to hear. But it’s not enough.

As I’ve urged in my past columns, it’s vital that we, as freelancers, voice our strong support for laws that uphold our Constitutional rights to live and work as we please. So again, I urge you to contact the following and voice your support. It won’t take long. But it could go far in making sure the right laws are passed that will finally and forever put our worries to rest:

Call or email these Senators

As of this writing, there is no set date for the confirmation hearing for Ms. Lori Chavez-DeRemer. But that is when Senators must be emphatic in their insistence that she will support the entire workforce, including independent contractors. Kim Kavin suggests we contact every member of the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP), of which Senator Bill Cassidy (a big IC proponent) is the chairman. 

Says Kim, “You can tell them we all want a Secretary of Labor who will respect, protect and defend our freedom to choose self-employment.” 

It could be as simple as that. Find contact info here.

Perhaps most importantly -- and even easier, is to contact both your State's Senators (Durbin and Duckworth for IL), as they will be involved in the confirmation process. Find contact info for all U.S. Senators here.

Call your Congressman/woman

Only when a bill is put through the rigors of legislation and becomes law, can it put a nail in the coffin of all the job-threatening nonsense.  The Modern Worker Empowerment Act is one such bill. There could be others. Contact your U.S. Congressional Representative and say you want protecting independent contractors to be a priority for the current legislative session. 75+ million Independent Contractors are counting on them. 

Find your representative here.

Contact the President here

Once again, a quote from Ms. Kavin: “...the Trump administration needs to hear from us all that we want our freedom to be self-employed prioritized. The White House must return as quickly as possible to standing on the side of America’s entrepreneurs.”

You’ve got the ammo. Now do battle. 

Other references:

Freelancers Defend Economic Liberty from Vague DOL Rule

https://fightforfreelancersusa.com

https://www.freelancebusting.com

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