A bill making its way through the U.S. House would follow in the footsteps of California’s A.B. 5 law, passed in late 2019 and codifying a prior court decision, by severely curtailing the ability of leased owner-operators to haul freight for larger motor carriers.
The Protecting the Right to Organize (PRO) Act of 2021, in addition to other broad reforms to the nation’s labor laws, would institute the so-called ABC test for determining whether a business can contract work to an independent contractor. In the case of trucking, that means a motor carrier contracting loads to a truck driver, often via the common leased owner-operator model, in which a driver owns their own truck and business and runs under the authority of a larger carrier. The PRO Act was introduced in early February in both chambers of Congress.
Mary Kearl is a professional freelance writer and marketing consultant.
As a freelancer, she enjoys being able to make more money, choose her own hours, and be an active caregiver to her toddler.
If the PRO Act in its current form passes in the Senate, Kearl says she could potentially most of her clients and income.
Professionally, I ve never been happier since becoming a freelancer. Sure, there are the occasional stresses of chasing down payments and the ongoing uncertainty of not knowing exactly how much I ll earn, but as someone who thrives when I m learning and being challenged, the pros outweigh the cons.
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You are responsible for reading, understanding and agreeing to the National Law Review s (NLR’s) and the National Law Forum LLC s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.