Comment from Deborah Lynn Blumberg

I was successfully working in marketing at a major public company when I made the choice to leave and become an independent contractor. I had two young children and I wanted flexibility. I was also dealing with a health issue at the time that made a flexible work schedule essential. I am now running my own successful writing and editing business. I’m making a solid salary, I enjoy my work, I provide value to my clients, and I am grateful for the flexibility that working as an independent contractor allows.

I am a productive small business and I don’t want or need the protections or benefits employee status will bring. I do NOT want to be an employee. Employee relationships can also create conflicts of interests with competitors, vastly reducing the work I’m able to do, and hence decreasing my income and harming my ability to support my family. Becoming an employee would hurt me, giving me less flexibility in choosing the assignments I work on and the rates I receive. Becoming an employee would mean becoming a less active parent in my children’s’ lives. Becoming an employee would mean I would have much less time for self-care, which is essential to my ongoing health issue. Without it, I anticipate my health issue will become exacerbated, requiring additional medical care.

AB5 in California hurt many professions because of the rigid ABC test. The damage was so bad that the state had to pass a clean-up bill with exemptions. Many professions in California are still, sadly, at risk and people are unnecessarily losing work and income and their families are suffering. The ABC test does not belong in state or federal legislation as it was written in the 1930s for factory workers. Most independent contractors don’t work this way today. I have written about this topic in my writing.

The newly announced DOL Economic Reality test is a better standard to use when determining whether someone is an employee or an independent contractor. I support this (or the IRS test) becoming a standard under the Federal Fair Labor Standards Act. Labor laws should work for all Americans.

Comment ID: WHD-2020-0007-0201 | 21-Oct-20

Categorized under Family, Flexibility, Health, Independence

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