How 8 freelancers made *more* money in 2020
Plus, the little-known truth about the PRO Act
UPDATE: After sending out this newsletter on 3/10/21, I received a lot of emails disputing my take. You can see my follow-up email here.
Hello hello!
In recent weeks, I’ve seen a lot of online chatter about the PRO Act and how it could be the end of freelancing. (Akin to the infamous AB5 in California.)
But, in good news, I think those fears are unfounded.
In a recent edition of his Labor Law Lite newsletter, Brandon Magner — whose LinkedIn profile says he’s a deputy prosecutor in Indiana who previously focused on labor law — explained:
Unlike AB5, which used an ABC test to determine employment status and other things in general, the PRO Act *only* uses it to determine who can unionize. So while they both use ABC Tests, they use it for completely different things… It's a complete win-win for freelancers, who gain a new right, without any risk of jeopardizing or altering their employment status the way AB5 did.
Wanting to do my due diligence, I also reached out to Professor Michael LeRoy, a labor law expert who discussed the PRO Act in this interview (and whose quotes, he said, were “egregiously misrepresented” in this article by a Forbes contributor).
He echoed Magner, saying the PRO Act seems to convert “freelancing into employment—but only for purposes of forming or joining a union.” In summary, he said:
“The PRO Act will not kill freelance work for writers. It will allow freelance workers to vote for a union, if they choose (or vote against). For writers in particular, it would open an avenue to join a writer’s guild—that is my supposition.”
Professor LeRoy offered a lot more background — more than I can include in this newsletter — but if you’d like to read it, I’ve pasted his thoughts into this Google Doc.
The bottom line, though? Take a deep breath, and keep pitching!
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READ
Three things every writer needs to know about where to pitch (featuring yours truly in my friend Dana’s excellent newsletter)
How to report on indigenous communities with tact and nuance
A glossary for new freelance writers (only I’d edit the definition for “dek”; that actually refers to the one-or two-sentence summary that often comes after headline — to make your pitches pop, include a proposed hed and dek)
This collaborative Google Sheet, which highlights freelancer pay gaps: see what others were paid for similar stories, and add your own experiences to the mix
This thread about setting freelance writer rates and this one about pitching
1,700 journalism jobs and internships from Inside the Newsroom (paid subscription required, but free weeklong trial available upon request)
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How Delia Cai grew Deez Links from zero to 2,000+ subscribers (a year old but still offers some great tips for new newsletter writers!)
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This newsletter lists paid fellowships, internships, and entry-level journalism jobs
How to find an angle for any science story, a free email master class from The Open Notebook
MIT Technology Review is offering $7,500 fellowships to report on Covid-19 and inequality
Finding freelance work on Twitter, a $20 webinar from The Writers’ Co-Op (through March, use the code BIRTHDAY4URBIZ to get 20% off any product in its store)
Bummed LastPass is changing its free membership? I just found out that 1Password offers a FREE membership for journalists!
Writers With Faces is hosting daily (free) Zoom workshops all of March, where “we can look at each other's faces as we write, for comforting solidarity/vague intimidation”
Amy Paturel is offering a two-day personal essay writing workshop in April ($250, scholarships are available)
Hope spring is springing where you are,
xo Susan
PS. Here’s the link to 7 Pitches That Sold again — use susan50 to get 50% off ‘til midnight tomorrow!
If you're going to allow someone to claim they were "egregiously misrepresented," I'd think common courtesy and normal journalistic practice would have you contact that person, which you didn't do.
I mentioned his quote with the following introduction that came after a nuanced view of the PRO Act: "As for those on social media claiming there would be no problem for ICs, here’s a selection from an interview the University of Illinois Urbana-Champaign did with Michael LeRoy, a professor and expert in labor law at the school:"
Then, the quote: "The PRO Act would likely have adverse effects on some types of workers. Even before a union would organize, some work would be restructured by using brokers or substituting more technology for humans – for example, more home-installed computers and phone apps to measure blood pressure, oxygenation, heart function and other similar health data in place of a home health care worker who takes these measurements.
But yes, the law would possibly limit work for women, retirees, college students and other similar demographics. But let’s not forget what the PRO Act does: It would allow workers to vote for or against a union. If workers fear loss of jobs due to forming a union, they should vote no and keep the status quo."
I never said that was the entirety of his views. I have heard that he's been trying to walk that quote back. If the use was so out of context (and you can read the interview with him, because I think my use was reasonable), he could have contacted me and explained how he thought it was so off. He didn't. I'm still happy to make a change or take something out if he can show that the quote (far more than a snippet) was egregiously chosen. I'm easy to find.