My typical workday begins at 8:30 a.m., as soon as my 3-year-old son with special needs leaves for preschool on the school bus. I work on various projects for my clients: planning social media calendars, writing blogs posts and editing video to share. Sometimes, I go to their offices for planning meetings or to go over what is working and what isn’t, in order to change the strategy, or to take photos and video “behind the scenes.” My workday concludes when my son steps off the school bus at 3:30 p.m. I also work on weekends when my husband is home to take care of our son.
Why I want to remain an independent contractor: I’ve always been a freelancer. I was a freelance television producer for 20 years prior to my current consulting role, and now, because I need to be home with my son and take him to therapy appointments after school, remaining a freelancer is the only way that I can still use my skills and help pay the bills. I could not work as an employee because I cannot keep 9-to-5 hours, plus commuting hours.
What’s wrong with S863 (formerly S4204/A5936): B-prong of the ABC test that this legislation intends to codify would force my clients to choose between making me an employee or finding someone else to do the work that I’m already doing well, and that I enjoy doing. And even if one client did make me an employee, I would not be able to accept the position. I just could not work regular business hours.
Lawmakers, please understand: I appreciate the sentiment behind this legislation, because there are many companies that do take advantage of independent contractors. (I used to work for one!) but S863 (formerly S4204/A5936) is not the answer. It would seriously curtail my ability to work at all.