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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Hope spring is springing where you are,

xo Susan

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