Why the Distrust Toward Unions?

While researching group health insurance for freelance and independent workers, I was taken aback by the misinformation spread by anti-union groups regarding unions.

One article I encountered wrongly attributed California's AB-5 legislation to unions, claiming they aim to categorize gig workers as employees to boost their declining membership. The article stated:

“Unions, of course, want to unionize gig workers because they need to shore up declining membership. The AFL-CIO is working through legislators to get laws passed that force gig workers to be treated as employees, making them eligible for unionizing. For example, California Assembly Bill 5 (AB5) (2750.3 of the California Labor Code) went into effect on January 1, 2020, and requires businesses hiring independent contractors to reclassify them as employees.”

This claim is not only false but also misrepresents the facts. AB-5 compels hiring entities to evaluate whether a worker is classified as an employee, thereby ensuring they receive labor law protections, minimum wage, and benefits equivalent to other employees. It seems the assumption is that individuals won’t take the time to understand AB-5.

The original lawsuit centered on truck drivers contracted through Dynamex Operations. For a comprehensive look at this case, you can refer to the entire transcript of Dynamex Operations West, Inc. v. Superior Court, as provided by Stanford Law. However, the California Supreme Court opted to consider the broader implications for independent workers.

Any ruling would have a major impact on intrastate truckers, especially with a new California law mandating paid breaks and meal periods. If all intrastate drivers were classified as employees, trucking companies would be required to pay for the mandated breaks, whereas independent drivers do not receive compensation for such breaks.

The Federal Motor Carrier Safety Administration (FMCSA) already enforces a rule requiring interstate drivers with a commercial driver's license to take a 30-minute break within their first eight hours on duty.

In my view, had Dynamex and other trucking firms not acted so greedily, the situation could have been different. It’s unreasonable to label all drivers as independent contractors while expecting them to accept low pay and endure long waiting periods for loads. Yes, they can refuse a load, but these companies know they have leverage.

Is it equitable for drivers to be mandated to take breaks as per California law without compensation? Similar to how most writers are compensated by word count or project, drivers should not be deprived of payment during mandated breaks.

Despite the FMCSA intervening on behalf of the trucking sector, the conversation continues, with some anti-union advocates claiming unions aim to eliminate independent workers by pushing for employee classification. They assert, “The law is a precursor to what unions hope to achieve in other states. As the law reads, anyone hired is assumed to be an employee.” This interpretation is simply incorrect.

It's true that the A, B, C Test of AB-5 is stringent. Clear criteria are necessary to prevent exploitative practices by companies like Dynamex that would otherwise underpay independent workers while exerting control over their activities.

1. Workers must be able to perform tasks without supervision.
2. The worker should conduct tasks outside the hiring company’s primary business activities.
3. The worker should operate within an established trade or occupation typical for the work they perform.

If you require minute-by-minute direction for a driver, writer, or any freelancer, you should classify them as an employee and offer the benefits that come with that status.

For those seeking specific deliverables, draft a contract outlining your needs, deadlines, and payment terms. This allows freelancers the freedom to accept or decline without restrictive conditions.

Opponents of unions often suggest that they monopolize lobbying efforts to control workers. Why do industries oppose unions? They fear losing the ability to engage in exploitative practices as labor rights evolve, which has already eliminated child labor and mandated paid leave.

While I have reservations about AB-5, I don’t believe unions—especially those for freelancers—advocate for such strict regulations. We should be able to negotiate our terms without interference from governmental or corporate entities.

However, I also oppose the negative portrayal of unions. Collaborating can help us access group insurance rates and other valuable resources.

Benefits of Union Membership

Now that we've addressed the negative discourse surrounding unions, let’s explore how independent workers can gain from union membership.

According to the Freelancers Union, “Freelancers Union is the largest organization representing the growing independent workforce. We’re a community that looks out for each other and works together to secure a better future for freelance work.”

You might wonder how they serve freelance and independent workers.

Membership Benefits Overview

#1 — Freelancer Insurance Plans

As mentioned earlier, union membership allows access to discounted group insurance rates in various categories, including:

1. Health — Freelancers can find health insurance options across several states, including California, Florida, and Texas, featuring Medicare Advantage.
2. Dental — Affordable dental insurance is accessible through a wide network of participating dentists.
3. Vision — Save up to $200 annually on vision insurance for as little as $13 a month.
4. Term Life — Freelancers can obtain life insurance to safeguard their families.
5. Disability — Affordable disability insurance is crucial since freelancers aren't covered by workers’ compensation.
6. Liability Insurance — Cost-effective liability options protect freelance businesses across various fields such as photography, graphic design, and consulting.

#2 — Networking Opportunities

Explore numerous events through the Freelancers Union website. If you don’t see an event that interests you, consider organizing one. Gather a few professionals to brainstorm and create an event showcasing your talents, whether in-person or online.

#3 — Training Events

Utilize training resources available from the Freelancers Union or seek out local events. Remember, we are professionals and should take the initiative to enhance our skills.

#4 — Advocacy and Lobbying

The Freelancers Union has directly lobbied for substantial funding for freelancers and small business owners, such as the $6 billion set aside in the CARES Act.

#5 — Member Discounts

Freelancers Union members enjoy various discounts and offers, including free trials from major corporations like SkillShare and FreshBooks.

#6 — Business Growth Resources

Visit the Freelancers Union blog for helpful insights on managing finances, freelancing with disabilities, and strategies for business expansion.

#7 — Financial Assistance Programs

The Freelancers Relief Fund currently offers up to $1,000 in aid for freelancers to help with essentials like rent and food. Donations can be made at workingtoday.org.

Key Takeaways

Joining a union should not be perceived as a limitation on your independence or freelancing approach. Instead, it can provide access to affordable insurance, legal protections, business growth strategies, member discounts, and advocacy to ensure freelancers are recognized as small business owners.

Regardless of whether you choose to join a union, being a member DOES NOT strip you of your rights as a freelancer, nor does it make you eligible for employee benefits.

I value the opportunity to access group insurance rates, network with fellow freelancers, and enjoy other advantages associated with union membership. I am fundamentally opposed to any entity that seeks to restrict our freedom to join or abstain from unions.

References:

[1] https://blog.unionproof.com/what-is-the-impact-of-the-gig-economy-on-unionization/

[2] Stanford Law https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584

[3] Freelancers Union https://www.freelancersunion.org/register/

Stephen Dalton is a retired U.S. Army First Sergeant with a journalism degree from the University of Maryland and certification as a U.S. English Chicago Manual of Style Editor. He is a recognized writer in short story, VR, design, and creativity, and serves as the editor for various blogs.

For more information, you can view his portfolio or contact him at [email protected].

Website | Facebook | Twitter | Instagram | Reddit | Ko-fi