#PROAct Gets Biden Support. Disastrous #AB5 for Nation

#PROAct Gets Biden Support. Disastrous #AB5 for Nation

#PROAct Gets Biden Support. Disastrous #AB5 for Nation

Just in case you forgot the Democrats long march against entrepreneurs, small businesses and freelancers, Joe Biden’s ghost writer on Twitter made it clear President Harris will sign #PROAct.

#PROAct is anti-worker

I covered #PROAct (HR2474) back in January. Contrary to Ghost Biden’s assertions, this isn’t pro-worker in any honest evaluation. It would immediately obliterate right-to-work laws in 27 states and directly incorporates the anti-worker language of #AB5 into Federal law.

(2) EMPLOYEE.—Section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)) is amended by adding at the end the following: “An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless—
“(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact;
“(B) the service is performed outside the usual course of the business of the employer; and
“(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.”.

The “ABC” test is the poison that has devastated the livelihoods of over 3 million people in California representing over 350 different professions.

Over the last six months, the Dem-controlled state legislature has dithered and engaged in dishonesty on their so-called “fixes” to #AB5. Even within the last couple of weeks there was much crowing about a new “clean-up bill” to help some independent contractors, but the devil is in the details.

Musicians … can continue to freelance as they always have. The exceptions are those who work in areas that generally already employ musicians as employees, such as symphony orchestras and live performances before large audiences.

Some freelancers are more equal than others. And the rules are so bizarrely written and the penalties so onerous, even with these carve-outs many businesses are just not going to hire independent contractors who live in California. Especially since AB5/AB2257 allows any individual complaint of non-compliance to be handled by the local criminal enforcement agencies

2786. In addition to any other remedies available, an action for injunctive relief to prevent the continued misclassification of employees as independent contractors may be prosecuted against the putative employer in a court of competent jurisdiction by the Attorney General, by a district attorney, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association.

Can you say lawfare? Can you say cashcow?

I knew you could.

Owner-operator truckers are fighting for their lives against #AB5. Their argument is that #AB5 is a state labor law that is preempted by Federal Aviation Administration Authorization Act of 1994.

So understand that not only would the #PROAct take that argument away, but under the #PROAct, there are no exemptions. The swiss-cheese of #AB5 will be gone and everyone from independent lawyers and doctors to artists, musicians, writers, translators, tutors, rape counselors, franchise owners, Uber, Lyft, DoorDash, Instacart, et al, would be swept away with President Kamala’s signature.

Remember, this isn’t about workers and their liberty to choose the way they want to work. This is Democrats wanting top-down micromanaging the lives of citizens. You know, put you back in chains, bro. All of you.

Don’t let Democrats Californicate America.

featured image original artwork by Darleen Click for Victory Girls

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  • Scott says:

    These are nothing more than blatant efforts to force people to join labor unions, which the dems use as one more way to “keep em on the plantation”, and continue the indoctrination of younger workers that was begun in the school system.

    If the dems win in November, the ONLY people that will be better off is the politicians, the rest of the nation will be well and truly screwed!

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