American Society of Journalists and Authors, Inc.
Opposes the PRO Act’s Use of the ABC Employment Classification Test
The Protecting the Right to Organize Act (PRO Act) was passed by the United States House of Representatives on March 9, 2021. The United States Senate is now considering the legislation. In this policy statement, the American Society of Journalists and Authors, Inc., opposes this legislation as currently written.
Statement on the PRO Act
From the American Society of Journalists and Authors, Inc.
The American Society of Journalists and Authors, Inc, stands in solidarity with our members and with all freelancers facing threats to their livelihoods as a result of laws and legislation aimed at either prohibiting or restricting their work as independent entrepreneurs. In this context, the American Society of Journalists and Authors, Inc. opposes legislative efforts to restrict the ability of independent writers to work as they choose without governmental interference.
The PRO Act, as passed by the U.S. House of Representatives on March 9, 2021, includes an abridged version of the "ABC Test," developed more than 85 years ago. Most modern independent contractors, including freelance writers, cannot pass this version of the ABC Test, especially the B prong, which says an independent contractor cannot work for a company in the same line of business without being considered an employee. This has a direct effect on the livelihoods of our members and all writers and editors who work on a freelance basis.
The American Society of Journalists and Authors, Inc. opposes the use of the ABC Test to classify workers in this and other legislation. We advocate instead for the use of more flexible tests like the multi-factor assessment used by the IRS. This IRS test looks at the entire working relationship and considers the extent of the company’s right to direct and control work.
The American Society of Journalists and Authors, Inc. recognizes that misclassification of some workers as independent contractors is a serious problem in various sectors of the labor market. We in no way condone the exploitation of workers. Trying to solve the problem by painting all independent workers with the same overly broad brush, however, ignores a robust community of freelance writers who choose independent career paths for a variety of financial, professional, and personal reasons. Such legislation is both short-sighted and ultimately counterproductive.
For more than 70 years, the American Society of Journalists and Authors, Inc. has recognized and endorsed the guarantees of free speech and an unfettered press established in the First Amendment to the Constitution of the United States and the promise of equal protection under the laws set out in the Fourteenth Amendment. Our dedication to these basic principles of writing with a free hand is part of the organization’s Constitution, which includes the improvement of “professional conditions for the independent writer” as one of our principal purposes. Our mission statement reflects our ongoing intention to “represent freelancers’ interests, serving as spokesperson for their right to control and profit from the uses of their work wherever it appears.”
We urge the country’s lawmakers to respect the constitutional rights and personal preferences of freelancers when considering legislation that redefines the status of independent contractors. Broad-stroked legislation that includes freelance writers in the general class of allegedly exploited workers will cause immeasurable and widespread harm.
Laura Laing
President (2020-2022)
American Society of Journalists and Authors, Inc.
