New legislation threatens the livelihoods of hundreds
of thousands as Dems double down, claiming “protection.”
CALIFORNIA, NEW JERSEY, NEW YORK, January 2, 2020 – Three of the bluest of the United States have thousands of independent contractors uniting via social media, the mainstream press and the courts to fight the damage and lawsuits from catastrophic versions of “employee
misclassification” legislation at various stages of becoming law.
These entrepreneurs from California, New Jersey and New York are also united in nationwide opposition to federal versions of the misguided and poorly written legislation, which virtually every prominent Democrat has endorsed as a form of worker protection—but which, in reality, disproportionately attacks the chosen careers of women and working mothers.
The federal bills HR2474 and S1306 are based on the same “ABC” test for employee classification that is at the heart of California’s AB5, New Jersey’s S4204/A5936 and New
York’s S6699A. The test was created in 1937, a time when there was no internet, most women did not work outside the home, and there were far fewer options for earning a living during the Great Depression. These laws foist 20th-century language upon a 21st-century workforce that is
at almost full capacity, which is why they are causing chaos among working women in the blue states where Democratic lawmakers are ramming them through.
Democrats across America are planning to attack even more women who choose to work for themselves—many of them registered Democrats—in the 2020 election year, with versions of the legislation on tap in Illinois, Washington, Wisconsin, and Oregon. The laws will do to these
women what the NJ Association of Women Business Owners told New Jersey’s governor in this letter: “have a destructive effect on women-, minority- and veteran-owned businesses.”
Women who choose to work for themselves, in particular, are under attack from this type of legislation that targets independent contractors.
According to this July 2019 report from the U.S.Treasury Department and Internal Revenue Service:
· The number of women who are household breadwinners and independent contractors
increased more than 90 percent since 2001
· Women represent 55 percent of the increase in independent contractors from 2001-16
· Many women who choose independent contractor work are 55 or older
Parents magazine reported on how this legislation could devastate work-from-home parents.
Romper explained how 16 percent of people who exclusively work in the gig economy are stay-at-home parents.
YourTango reported on how women using the independent contractor business model can break into male-dominated professions when they have no other options.
The Wall Street Journal was right to call this legislation “a payoff to unions,” given that the AFL-CIO wrote the California version and is pushing the laws in New Jersey and New York.
And it’s likely an unconstitutional payoff. In December, the woman-dominated American Society of Journalists and Authors, with the National Press Photographers Association, sued the State of California, saying the legislation violates the 1st and 14th Amendments of the U.S. Constitution, which protect our rights to free speech, the press and equal protection.
This legislation does not protect all workers the way sponsors claim it will. It in fact destroys the careers of women who choose to work for themselves as independent contractors.
Independent contractors now fighting these laws in the bluest of states include mothers who need flexibility to care for children, including kids who are sick or have disabilities; women with chronic illnesses or disabilities; and older women facing ageism in the workplace.
If you are a Democrat who supports this legislation at the state or federal level, then you are betraying women who choose to be their own bosses, many of whom have supported the Democratic Party in the past. Not all independent contractors are exploited or misclassified
workers. Many are happy and thriving, and expect lawmakers to protect their livelihoods.
Stand up for the women independent contractors of America.
Fix AB5 in California
Stop S4204/A5936 in New Jersey
Stop S6699A in New York
Stop HR2474 and S1306 from becoming federal law