Kim Kavin
@thekimkavin
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Happy, busy freelance writer and editor since 2003. Co-founder of grassroots advocacy group #FightForFreelancers . Get my newsletter:
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Joined December 2019
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Pinned Tweet
Tired of political polarization? Me too. The
#FightForFreelancers
is the opposite of this swirl, as I testified on Capitol Hill in April.
"Our members have voted for everybody from Bernie Sanders to Donald Trump. ... All of us are united on this issue."
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🚨 Newly elected Congressman
@KevinKileyCA
and other lawmakers in California are holding a rally next week in Sacramento.
Rep. Kiley has been a tireless supporter of independent contractors, first against
#AB5
and now at the U.S. level.
Show this event some love! 👏👏👏
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Amen! A strong defender of independent contractors on the committee that’s expected to expose the madness we’ve all been enduring!
I've been named to the House Education & Workforce Committee. We will fight for the rights of parents and protect the freedom to work.
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Three cheers for
@RepKiley
, speaking out against the new
@USDOL
independent contractor rule on the U.S. House floor 👏👏👏
He's from Cali. He explains how the White House is trying to take
#FreelanceBusting
that started there and spread it nationwide.
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There is a difference between lawmakers using government power to protect the right of people to organize, and lawmakers using government power to organize people.
The former is about freedom. The latter is about special-interest agendas.
#NoABCforUSA
#FightForFreelancers
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I just emailed my congressman and asked him to support
@RepKiley
's effort to use the Congressional Review Act to try and stop the
@USDOL
independent contractor rule from taking effect.
➡️ It's a good time for you to email your representative and ask for support too.
We are using every possible tool to stop the Biden-Su "Independent Contractor" rule from destroying the livelihoods of millions of Americans:
First, I'm introducing legislation under the Congressional Review Act to nullify it. This is a fast-track procedure for overriding an
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Today is
@RepKiley
's birthday. He's spending it fighting for us.
#HappyBirthday
#WhatTheHellDOL
#FightForFreelancers
The Biden Administration is trying to impose a national version of California’s AB 5. I am sharing stories of Californians who were devastated by the law.
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“I think if we can just get the word out about what her tenure was in California and the damage that she did here, then we will have a good chance of stopping this nomination and getting a much better person in this position.”
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🚨 The witness list has just been publicly announced for Wednesday's hearing about independent contractors, before the U.S. House Workforce Protections Subcommittee.
That's right, friends: We are taking the
#FightForFreelancers
to Capitol Hill. 👊
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#AB5
is not meant to
#disruptinequality
. It's about forcing happy freelancers like me back to W2 jobs we don't want.
#AB5works
only if you think everyone must be assimilated. We all know that us good guys win in the end.
#repealAB5
Stop NJ
#S863
and
#NoPROAct
#fightforfreelancers
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Well worth three minutes of every independent contractor's time to watch this
@USDOL
official try to answer questions about how her department may, or may not, apply its new IC rule to real-estate agents, truckers and freelance writers.
#WhatTheHellDOL
#FightForFreelancers
Our economy and workforce are about to be thrown into chaos. Administrator Looman and Julie Su came up with the new Independent Contractor rule. Yet she couldn’t say how it would apply to millions of American workers.
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"It is impossible to overstate how vicious and cold-hearted the proposed federal rule is. Everyone involved should be ashamed and publicly apologize for even considering a policy that will harm so many."
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@LorenaSGonzalez
We aren’t trolls. We are the 70-80% of independent contractors who repeatedly say we want to remain independent contractors, all across the nation.
Stop rationalizing. Start listening.
#RepealAB5
#FightForFreelancers
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I ❤️
@RepKiley
On Julie Su’s one-year anniversary as Acting Secretary, she nationalized California’s infamous AB 5 law. I’ve introduced a Resolution to stop this new Labor rule from destroying millions of American jobs.
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Good for independent contractors:
“Democratic Sen. Joe Manchin does not plan to support President Joe Biden’s nominee for labor secretary and has solicited a list of alternate candidates, according to two sources with knowledge of the matter.”
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This series of tweets from
@LorenaAD80
is precisely what is wrong with America.
She explains how, when the opposition party offers any amendment to a bill, it is denied as a matter of procedure.
We need grown-ups in our legislative bodies. Not partisan bullies.
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🚨 I just got off the phone with my U.S. rep,
@CongressmanKean
. I'm so pleased he has agreed to co-sponsor this effort by
@KevinKileyCA
to protect the careers of independent contractors like me.
Please call your lawmakers and ask them to be co-sponsors too.
#FightForFreelancers
My fast-track legislation to overturn Biden's "Independent Contractor" rule now has 40 co-authors. Ask your Representative to sign on.
The Biden Administration admits this rule nationalizes California's AB 5 catastrophe. The livelihoods of millions of Americans are at stake.
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We are all so grateful to
@RepKiley
for being a champion in defense of independent contractors.
Fun fact: People who work in this studio, helping lawmakers shoot videos like this one, are ICs. They thanked us that day for alerting them that their income was in the crosshairs.
I am strongly opposed to the new restrictions the Department of Labor is trying to put on independent work, which would put millions of Americans out of work and limit the ability of tens of millions more to have flexible work arrangements. Last year, I discussed the importance
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1/16 Late last night,
@freelancers_usa
led a coalition of 250,000+ self-employed Americans in filing an amicus brief with the National Labor Relations Board.
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🚨 Great news! And notable for independent contractors because
@SenBillCassidy
and
@RepKiley
have announced plans to use this same Congressional Review Act to try and stop the new
@USDOL
rule attacking legitimate ICs.
BREAKING: In a bipartisan vote, the U.S. House passed a Congressional Review Act resolution overturning the
@NLRB
expanded joint employer rule. Led by Congressman
@JohnJamesMI
, the CRA passed 206-177. Read More:
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The witness list is online for tomorrow's
@SenateHELP
hearing on the
#PROAct
.
Not a single one of America's 59 million independent contractors was invited to testify about this bill that would misclassify millions of us as employees under labor law.
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A federal court has blocked the Biden administration’s attempt at a regulatory workaround to try an impose the joint-employer standard that Congress refused to pass in the
#PROAct
Joint employer and independent contractors are the two regulatory changes the unions want most.
🚨 the
@NLRB
#jointemployer
rule has been vacated by a federal judge in the challenge to the rule filed by
@Franchising411
@USChamber
. A landmark victory for
#franchising
!
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I heard two points repeated again and again in today's
#PROAct
debate.
@GOP
says it's a union giveaway,
@TheDemocrats
say it will fix income inequality.
The thing is, the ABC Test in CA's
#AB5
didn't do either of those things. Zero unions formed, thousands of ICs lost income.
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On Thursday, this U.S. House committee will work to advance the bill from
@KevinKileyCA
to overturn the
@USDOL
independent contractor rule through the Congressional Review Act.
You can click through the link below if you want to watch the livestream.
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Dear
@LorenaAD80
,
Please name any company that created a slew of new W2 jobs, or any new unions that have been formed, since
#AB5
went into effect almost two years ago.
(Hint: You're not fighting worker misclassification. You're just destroying independent contractor careers.)
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So, this just happened. I feel so blessed to be named alongside all these extraordinary individuals--and so inspired every day by the thousands and thousands of us working together to protect independent contractor careers.
Thank you
@ASJAhq
!
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“This will be resolved in court eventually, but it shouldn’t have to be. The nomination is entirely within Democrats’ control, yet Biden nominated someone with policy views so radical and a track record so poor that they can’t confirm her.”
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@LorenaSGonzalez
You didn't understand the 1st Amendment when you wrote
#AB5
, so why would you get it now? Look into the term "limited public forum." You're not winning on Twitter by silencing critics. You're an elected official inviting lawsuits.
#FightForFreelancers
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🚨 Stop scrolling and call your member of Congress right now. Ask him or her to co-sponsor
@RepKiley
's use of the Congressional Review Act to stop the new
@USDOL
independent contractor rule. 🚨
AB 5 destroyed independent contracting careers in California. It will have the same ramifications now that the Biden Administration has nationalized this policy. I am sharing stories of Californians who lost their livelihoods because of AB 5 and I will be introducing legislation
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“Let us say it yet again: We do not need lawmakers to fix something that, for the vast majority of us, isn’t broken.”
#NoABCforUSA
#FightForFreelancers
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Rumor has it that freelance hater Lorena Gonzalez and freelance defender
@KevinKileyCA
will be going head-to-head Monday on this panel about
#AB5
What’s the over/under on the number of times he dunks on her?
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It's as if the
#AFLCIO
keeps dumping bags of poop on our front porch, and we have to keep lighting them on fire and throwing them back.
Here are our edits to the so-called "fact sheet" the AFL-CIO released yesterday about the
#PROAct
.
#NoABCforUSA
#FightForFreelancers
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1/7 I'm reading this independent contractor rule now, and I think we should all start by acknowledging
@USDOL
for the many creative ways it thought of to say "up yours" to concerns that people raised in public comments.
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YES! Thank you Senator
@MarkWarner
“I am concerned about the portion of the bill that deals with worker classification. Many Americans prefer alternative work arrangements that give them the freedom and flexibility to set their own hours.”
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All of us in the
#FightForFreelancers
love to see it:
Lawmakers announce an attempt to repeal California's career-killing
#AB5
while trying to stop
@USDOL
from spreading similar
#FreelanceBusting
policy across the USA.
Thank you
@J_GallagherAD3
and
@KevinKileyCA
!
👏👏👏👏👏
This morning I joined
@KevinKileyCA
to call for a halt of the Biden proposal to take
#AB5
nationwide. This disastrous policy has already robbed too many of their livelihood. And we announced my colleague
@AsmKateSanchez
bill to repeal it here in CA.
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She means us.
We fully acknowledge that misclassification is very real, and very wrong.
That’s why we are so angry about
#FreelanceBusting
ideologues like her and
@ActSecJulieSu
doing it to us.
#FightForFreelancers
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Good job
@andrewrsorkin
! I saw you ask the same thing of
@SecretaryPete
. He didn’t have a good answer either.
Next, ask
@POTUS
how many unions
#AB5
created in California (zero) and why he thinks the same anti-freelance ABC Test is right for America in the
#PROAct
(it’s not).
CNBC’s Andrew Sorkin to GM CEO Mary Barra: “It appears by my math that on average, Tesla employees, who are non-unionized, appears on an hourly basis may be making more money than unionized workers for example at GM.”
@elonmusk
1/2
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Happy New Year to all my fellow independent contractors who survived an assault on our careers in addition to all the other chaos of 2020.
Way to still be standing, friends. Here’s a toast to us all!
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Since news broke yesterday about the final
@USDOL
independent contractor rule, the
#FightForFreelancers
group on Facebook has seen a sustained surge in new members.
They are coming now from all across the country, not just from the high-profile
#FreelanceBusting
states.
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I hereby volunteer to write 50,000 words about the insanity of the ABC Test, for free, and to give the manuscript to any U.S. Senator who wants to do a talking filibuster of the
#PROAct
.
You're welcome, America.
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@LorenaSGonzalez
Good morning
@LorenaAD80
We won. You lost.
See you all across the country next 😘
#FightForFreelancers
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"A group of freelance writers and editors has sued the
@USDOL
, claiming the Biden administration’s new rule ... is illegal and should be struck down."
#FightForFreelancers
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Yet again,
@nytopinion
fails its readers.
@etammykim
actually wrote "most independent contractors are not doing well" when 2019 IRS study showed "largest share of workers with IC income are those in the top quartile of earnings.”
The bias is disgusting.
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Thank you
@caroljsroth
👏👏👏
“In addition to inviting trade unions to be a part of the conversation, the GOP and the Trump team should be doing the same on the small business side... the NSBA, the NFIB … Fight for Freelancers USA…”
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Stay strong,
@CaptMarkKelly
! Please do *not* co-sponsor or vote for the
#PROAct
as long as the ABC Test remains in it.
Your stance is protecting Americans like me in our chosen careers. Thank you!
#FightForFreelancers
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Tell me again how it’s safer to be a staffer with one employer vs. a freelancer with multiple streams of income.
‘Newsrooms cut 16,160 jobs in 2020, the highest total on record and up 13% from the previous high of 14,265 in 2008.’
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1/5 An interesting thing happened when Facebook groups formed in 2019 to fight California's
#AB5
and copycat bills in NJ and NY.
We quickly noticed that in all the groups, at least 70% of the members were women fighting to protect their choice of independent contractor work.
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@LeaderHoyer
I’m available to testify about why the 1930s ABC Test must be removed from the
#PROAct
. It was just tried in California. Created no new jobs, and wiped out independent contractor careers. Lose-lose.
@RepMalinowski
knows this. A yes vote is a vote against small biz owners.
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Unless you’re also teaching them how to become an entrepreneur, this is not education. It’s indoctrination.
I didn’t want to know how to strike for $1/hour more when I dished pizza as a kid. I wanted to know how to own the restaurant someday—because that guy had actual control.
In a first-of-its-kind law, all California public high schools will now spend a week teaching students about the right to join or form a union, job protections for minors, how to defend against workplace abuses, and more.
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@LorenaSGonzalez
@GrimKim
Rumor in NY
@LorenaAD80
is that the bill is dead for the year because of the
#AB5
nightmare in CA. And it’s stalled here again in NJ too (after we already killed it once) as lawmakers realize CA is not a leader on this issue. It’s a cautionary tale.
#FightForFreelancers
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🔥🔥🔥🔥🔥🔥🔥🔥🔥🔥
“Final” independent contractor rule?
We’ll see about that.
#FightForFreelancers
Today, the co-founders of Fight For Freelancers USA filed a complaint in federal court against the
@USDOL
,
@ActSecJulieSu
, and Wage and Hour Division administrator Jessica Looman over the new independent contractor rule.
#FightForFreelancers
#WhatTheHellDOL
1/12
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“Sen. Bill Cassidy (R-La.) and Rep. Kevin Kiley (R-Calif.) introduced a Congressional Review Act resolution Wednesday to overturn the DOL’s independent contractor rule, which is set to take effect March 11.”
#WhatTheHellDOL
#FightForFreelancers
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“The DOL rule is anti-self-employment, anti-small business, and anti-woman.”
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Steve Sweeney is the Lorena Gonzalez of New Jersey, the union-backed sponsor of NJ's
#AB5
copycat bill.
Today is a great day for all of us independent contractors in the Garden State!
Steve Sweeney, the Democratic Senate president in NJ, has lost to Edward Durr. AP just called the race.
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“The real solution is for Congress to settle this matter once and for all… Instead, we're left with unelected bureaucrats telling American workers that they're being exploited by their own preferences for more flexible work arrangements.”
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If you're wondering how legitimate independent contractors feel about the new
@USDOL
rule to try and redefine their careers out of existence, here's what has been happening in the
#FightForFreelancers
Facebook group the past few days.
Admin-view data chart of active members:
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It is utterly immoral that Americans already having to fight their way through every workday are now also having to fight off their own government.
Lawmakers of conscience need to get on our side. Remove the ABC Test from the
#PROAct
.
#NoABCforUSA
#FightForFreelancers
Why I’m against the
#proact
: I have chronic fatigue and autoimmune disorders that make regular 9-to-5 jobs impossible (employers frown on people sleeping for four hours mid-day.) Mercifully, freelance writing allows me to make a living and work around being ill. 1/2
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1/4 It is incredibly frustrating to see
@TheDemocrats
like
@SenWarren
continue to mislead the American people by suggesting that
#FreelanceBusting
regulations are only about tech companies.
Nothing could be further from the truth.
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All of us at
#FightForFreelancers
stand ready to help you
@RepKiley
however we can. 👏👏👏
Thank you for your continued efforts to stop this
#FreelanceBusting
lunacy.
We are using every possible tool to stop the Biden-Su "Independent Contractor" rule from destroying the livelihoods of millions of Americans:
First, I'm introducing legislation under the Congressional Review Act to nullify it. This is a fast-track procedure for overriding an
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👉👉👉 "W2 employment doesn’t want me. My clients do. ... As a 62-year-old woman, I don’t feel heard very often—and I feel like these senators aren’t listening to me now."
New today (by me) in
@Entrepreneur
"Campaign for Our Careers" against the
#PROAct
.
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Thank you
@RepKiley
for trying every possible avenue to protect those of us who choose self-employment.
#WhatTheHellDOL
#FightForFreelancers
In light of several ongoing legal challenges, I am calling on Acting Secretary Su to suspend today’s effective date for the Independent Contractor rule.
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@LorenaAD80
@LorenaSGonzalez
@AssemblyDems
When you have a gushing artery, you don’t apply a Band-Aid. The only way to stop careers from bleeding out at this point is to
#RepealAB5
#FightForFreelancers
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Biggest defender of independent contractors in the entire U.S. Congress 👏👏👏
Today I filed papers and took the oath to run for a second term.
It’s an honor to represent you in Congress. The fight for our state and country has only just begun.
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Well, well, well.
After insisting the ABC Test was not a problem and refusing to help us fight the ABC Test bill in New Jersey a year ago, the Authors Guild is finally coming around and acknowledging that ABC is wrong for the
#PROAct
.
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This is the GOP candidate for governor here in New Jersey.
Thank you
@Jack4NJ
for standing up to try and protect independent contractors like me!
👏👏👏
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In this divided time, I’m saying this—and asking every union leader to say the same:
"Unionized employees and independent contractors are equals as Americans. We have the right to choose how we earn a living. Everyone should respect us and our rights."
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The
@USDOL
admits in this rule: "There may be conceptual overlap between the Department’s proposed integral factor and Prong B of the ABC test." That’s the most destructive language to legitimate independent contractors in the ABC Test.
#WhatTheHellDOL
#FightForFreelancers
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Here's
@RepStefanik
at today's hearing, trying her level best to stand up for us independent contractors by offering an amendment to strike the ABC Test from the
#PROAct
.
Thank you again
@RepStefanik
!
#NoABCforUSA
#FightForFreelancers
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Actual footage of me in my den after watching
@POTUS
champion the
#FreelanceBusting
PRO Act in his
#SOTU
speech:
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“Independent contractors make a willing choice to give up certain benefits … in exchange for freedom and flexibility that many use to achieve greater financial security, help ailing family members, or put children through college.”
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@JoeBiden
@transportworker
Here’s the deal,
@JoeBiden
: The unions only asked you for this because
#AB5
and laws like it are now a legislative dumpster fire in the states. You just gave us the reason to take our
#IRSnotABC
campaign national. See you in the media.
#FightForFreelancers
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“I do not apologize”
—Acting Labor Secretary Julie Su, when asked about California’s
#FreelanceBusting
law, whose primary documented result continues to be the destruction of independent contractors’ income and careers
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@SecMartyWalsh
@VP
I have two questions:
When can we expect your first tweet in support of America's independent contractors?
And when will you and your colleagues stop pushing the ABC Test to destroy our chosen careers?
You're supposed to represent us all.
#NoABCforUSA
#FightForFreelancers
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I feel really bad for these people. They're about to learn the hard way how tough it is to earn a dime as a freelancer in California following enactment of the
#FreelanceBusting
law
#AB5
--a law they wrote many stories promoting while they were employees.
News: Employees at the Los Angeles Times are beginning to be notified that they are being laid off.
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“California
#AB5
is a law that went into effect on January 1, 2020, that requires companies to reclassify independent contractors as employees. … Since that passed, the law has been a disaster.”
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Here you go,
@nytopinion
. I corrected the atrocious column that you ran today by
#VeenaDubal
.
#FightForFreelancers
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Apparently,
#VeenaDubal
has tweeted that I’m a paid political consultant working with Berman & Co.
This is libel. Totally untrue.
And it’s really, really unprofessional for a university professor to spread such lies after blocking responses, so the record cannot be corrected.
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Can you hear us now, Congress?
About six minutes into this speech,
@RepKiley
talks about the lawsuit we filed with
@PacificLegal
over the U.S. Labor Department's new independent contractor rule.
#WhatTheHellDOL
#FightForFreelancers
The Biden Administration is trying to impose a national version of California’s AB 5. I am sharing stories of Californians who were devastated by the law.
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1/10 .
@thenation
should be ashamed of itself for running this anti-woman attack piece by socialist union organizer
@mindyisser
, going after successful self-employed women who want to remain our own bosses.
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It’s exhausting, constantly reading biased sentences like these: “The
#PROAct
would create a pathway to union membership for millions of American workers.”
The PRO Act would misclassify millions of American contractors as employees. It’s not benign.
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Thank you
@KevinKileyCA
for having basic human decency.
@LorenaAD80
you know we can see you, right? Shaking your head in disgust at the story of a woman that your
#AB5
turned suicidal?
We know you have no idea how business works. But have you no shame and no conscience?
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@venturemike1
That form should be called "companies we plan to audit and accuse of misclassification."
And I'm no lawyer, but I wonder, since businesses with employees are not required to send such forms and fees to the state government, is there an Equal Protection argument to be made here?
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I
#disruptinequality
by leaving the sexism of full-time workplace behind in 2003, and opening my own business as a freelance writer and editor. I'm thriving.
#AB5works
only for unions that want to drag me back down. NJ's
#S863
and
#NoPROAct
would do the same.
#fightforfreelancers
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The
@USDOL
rule says that if work is integral—"critical, necessary or central”—to a company's principal business, then the person doing it is likely an employee.
As if companies routinely pay independent contractors for unnecessary work.
#WhatTheHellDOL
#FightForFreelancers
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Today, two of my clients had stories they needed written that staff couldn’t handle. So, I landed two assignments in two hours simply by responding to their emails.
That’s what happens when you build a strong freelancing business.
#NotExploited
#NoPROAct
#FightForFreelancers
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Big kudos to CNBC for getting this right: "Freelancing is defined as someone who works for themselves, rather than for a given company."
Not "lacks employee benefits"
Not "lacks the right to join a union"
We work for ourselves 🎯
#FightForFreelancers
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Remember this when he runs for president:
“Newsom’s administration indicated Thursday it wouldn’t bow to the protesters’ demands to pause the implementation of the new state law, known as
#AB5
.”
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More than a few requests coming in today from people wanting to join the
#FightForFreelancers
group on Facebook.
When will our opponents learn that the harder they punch self-employed Americans with
#FreelanceBusting
policies, the more the grass-roots resistance grows?
5
19
57
1/12 Dear
@newrepublic
and
@alexnpress
,
You need a few corrections on this story.
You wrote: “The
#PRO
Act is not intended to change the employment status of freelancers”
The bill changes the definition of our employment status in labor law. On page 1.
4
32
56
A reminder: According to the California Trucking Association, there are 70,000 owner-operators in the state, and 350,000 nationally.
Because what we totally need right now is further disruption to the supply chain 😳
#RepealAB5
#NoABCforUSA
#NoPROAct
9
25
57
I believe that misclassifying legitimate independent contractors as employees is wrong.
I believe in our right to choose how we earn a living, including with no union at all.
I believe it's a free country.
I believe that
#FreelanceBusting
is immoral.
#FightForFreelancers
1
17
56
1/3 Since this
#FreelanceBusting
mess started in 2019 in CA, the national media has failed to cover the consistent grassroots opposition. “Labor reporters” with a pro-union agenda, again and again, have minimized or ignored the voices of actual independent contractors.
5
23
56
Thank you
@joerogan
and
@BridgetPhetasy
for telling America about California’s disastrous
#AB5
and
@JoeBiden
’s plan to make it federal law, outlawing millions of independent contractor careers including mine.
#FightForFreelancers
1
27
53
👉👉 “
@JoeBiden
may have decided his
#AB5
endorsement is necessary to remain in labor’s good graces in an election year. But you can’t be a defender of the middle class if you endorse a policy that kicks workers out of it.”
#IRSnotABC
#FightForFreelancers
0
31
55
California’s
#AB5
is a disaster. That
@TheDemocrats
want to take it national in the
#PROAct
is unconscionable.
Stop throwing happy, successful people out of work. I truly can’t believe I have to say this out loud.
#IRSnotABC
#FightForFreelancers
1
31
47
Thank you to my
#NJ07
congressman,
@CongressmanKean
, and to Chairman
@RepKiley
and
@SenatorBraun
for taking the time to meet with
@KaplanInk
,
@wuzhappn1
and me today about the independent contractor issue.
These lawmakers all have our backs in the
#FightForFreelancers
1
21
56