Will a Biden Presidency Put Freelancers Out of Work?

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A majority of Democrats support the PRO Act, which would weaken right-to-work laws in states that let employees opt out of participating in unions and paying union dues. Additionally, it would give the National Labor Relations Board (NLRB) the ability to penalize companies that retaliate against workers for organizing. It also gives collective bargaining rights to many workers who do not have them now.

In the current economic situation, many freelancers are placing lots of weight on this issue as the deciding factor in their November election decision. With Freelance work being the entirety of their income, many are faced with the decision of voting for or against having a salary in the next few years.

The Trump Administration’s Stance

The Trump administration has also taken a position on worker classification. In September, the Department of Labor proposed a new rule to clarify employee and independent contractor status under the Fair Labor Standards Act. The rule would adopt an “economic reality” test that looks at whether workers are in business for themselves or are economically dependent on the employer for work. This decision of whether they are in business for themselves would depend on the nature and degree of the workers’ control over the work and the opportunity for profit and loss based on initiative and investment.