Freelancers Fight Back Against AB5

The government of California announced California Assembly Bill 5 in early December. Targeting ride-share companies, AB5 aims to require employers to categorize workers as employees, rather than independent contractors. With their income on the line, freelancers are in a frenzy over the announcement. Freelance writer, Robert Kurzban, discusses how they're fighting back against AB5.

In last week’s blog post, I discussed the recently announced California Assembly Bill 5. Specifically, I represented the freelance writers across the nation whose livelihood will be jeopardized by this blatant attack on the gig economy. But with the battle lost, freelancers across multiple industries are rolling up their sleeves and fighting back. As far as freelancers are concerned, it isn’t over until it’s over!

California truckers, writers and photographers aren’t surrendering their freelance freedom without a fight. On November 12, 2019, the California Trucking Association responded to California Assembly Bill 5 with a federal lawsuit. The American Society of Journalists and Authors and the National Press Photographers Association followed suit with their own legal backlash against AB5 on December 17, 2019. Ride-sharing companies like Uber, Lyft, DoorDash and Instacart (the widely discussed principal targets of AB5) are also gearing up to fight back.

Each party affected by California Assembly Bill 5 is assembling at their own angle. Freelance writers and photographers are alleging that AB5 is unconstitutional. According to the freelancers and their representing legal team, the Bill violates the First Amendment of the U.S. Constitution. As a freelance writer myself, I respectfully agree with this stance. Although indirect in approach, AB5 most certainly impedes the freedom of the press notion entailed by the First Amendment. Left and right, freelance writers are being informed that they will no longer be able to contribute to the publications they’ve represented for years. Undoubtedly, this silences versatility by limiting voices from contributing to California news sources and publications as they once had.

With freelancers and other contractors devising their plans of attack, things are certainly heating up in regards to California Assembly Bill 5. Who will prevail? The people or their so-called representatives?

The War on The Gig Economy

California legislators have set the gig economy ablaze with California Assembly Bill 5. Going into effect on January 1, 2020, AB5 will reshape the concept of freelancing in the state of California. Freelance writer, Robert Kurzban discusses what this means for professionals in his industry.

After a resounding push for employee classification from workers of Uber, Lyft, Instacart and DoorDash, California legislators have responded. The response is California Assembly Bill 5. At the surface, AB5 aims to protect ‘exploited’ workers in the gig economy. The law pushes rideshare and food delivery app-based corporations to classify their workers as employees rather than independent contractors. This move entails quite a bit for workers in the gig economy. Ideally, it entitles these now employees to benefits such as a minimum wage, health insurance, paid time off and vacation time.

Freelance writers, who are also considered independent contractors, are receiving the short end of the stick as a result. For decades, the freelance route has provided writers with seemingly endless opportunities. Free from the restrictions of a ‘typical’ writing position in the publishing world, ‘freelance’ has been a synonym for ‘freedom’ for creative types for quite some time.

Now thanks to gig economy workers and the politicians who claimed to represent them -- the world of freelance just might come to an end. AB5 prohibits writers from being classified as freelance writers or independent contractors if they publish more than 35 articles per year for a specific publication. With freelance positions representing the bread and butter for many writers -- this is a devastating blow.

Although AB5 has specifically passed in the state of California, freelancers across the nation are being affected. With many publications, websites and other news sources headquartered in California, thousands of freelancers are being cast aside. Many even believe that this move may inspire a disastrous domino effect across the country.

Will freelance writing come to an end? Only time will tell.

Check back next week for another post in Robert Kurzban's blog series on freelance writing!

Assumptions People Make About Freelance Writers: Part I

Freelance writer, Robert Kurzban, discusses one of the many assumptions ‘traditional’ professionals make about freelance writers and the freelance writing industry as a whole.

When a freelance writer introduces his/herself as a freelance writer, the assumptions start rolling in almost automatically. As a writer, Robert Kurzban has been on both sides of the spectrum. He’s maintained ‘traditional’ positions as a journalist and he’s worked as a freelance writer. Now thriving in the freelance route, he has noticed the assumptions others make about freelance writers more and more.

You’re Your Own Boss

Oh, you’re a freelance writer…  It must be great being your own boss!

Fair enough. As a freelance writer, working from home (or wherever you please) is quite common. This means that no one is looking over your shoulder; or calling you in for a regular meeting with the publishing team; or pushing you to complete your current assignment(s). At first glance, all of these elements sound fantastic. (Especially to the introverted writer!)

But the reality is… technically, you aren’t your own boss. Sometimes, as a freelance writer, you have not one, not two, not three -- but an infinite amount of bosses. And that can make things complicated!

How could this be? With no office to report to and no editor checking in on you throughout the day… how can you possibly have so many bosses?!

Well, for starters, you are your first boss. And in that case, what kind of boss are you? Are you organized and strict? Do you keep yourself on task with deadlines and schedules? Or are you privy to falling behind?

Your next bosses are your clients. Each individual gig is a separate job… and that means, each individual client is a separate boss! Just like a traditional boss in a typical work environment, you must respond and report to your client’s needs and concerns. This puts the client in a position of power -- or client control.

Stay tuned for Robert Kurzban’s next analysis on the many assumptions freelance writers are often bombarded with by ‘traditional’ professionals.

Should YOU Become a Freelance Writer?

For freelance writer, Robert Kurzban, freelancing is the perfect fit. But is the freelance route the right fit for for every writer? Before you dive into the unknown territory of freelance writing, there are a few questions you should ask yourself first!

For some writers, the idea of freelancing seems like a dream. You have all the freedom in the world, right? No boss looking over your shoulder; no one telling you what to do! You are your own boss -- you create your own schedule. For writers who’ve grown comfortable with the structure of a salaried position, freelancing is scary. It’s the unknown. For many writers, diving into that unknown territory just doesn’t feel like it’s worth the risk! Before you take the leap, ask yourself these three questions:

Are you an independent worker?

When working in an office setting, do you gravitate towards contributing to the team? Or are you more comfortable working on your own? Working as a freelance writer requires almost complete independence. For some, this is an advantage. For others, this makes things tricky.

Are you self-motivated?

Many writers are drawn to the ‘be your own boss’ mentality of freelancing. Some even look at this as an advantage that offers a writer freedom. The reality is that being your own boss comes with a load of extra responsibility. Not having a boss looking over your shoulder means that you are entirely responsible for your own successes -- and your own downfalls. You won’t have anyone to ask for help, nor will you have anyone else to keep you on track. Staying on task and completing your work will be entirely up to your own level of self-motivation.

Can you handle rejection?

In many cases, inexperienced freelance writers submit their work to publications without knowing whether or not the piece will actually be published. Most publications maintain an entire contact list of freelance writers. This means that if the editor is unhappy with your work, they’ll be more likely to move onto the next writer, rather than editing or improving your work. This also means that time and time again, your work will be rejected -- regardless of how great you might think it is. This can be very discouraging for newcomers. But it is something that every freelance writer must adjust to!

Advice for Fresh-faced Freelance Writers

So, you want to be a freelance writer. Maybe, you already are a freelance writer -- but the road ahead appears dark and dismal. Is it even worth the risk? Freelance writer and founder of RE: Writers, Robert Kurzban offers up his advice for fresh-faced freelancers new to the role.

Dipping your toes into the world of freelance writing is certainly a risk. Maybe you’re swaddled in the comfortability of a guaranteed weekly paycheck. Perhaps you’re unwilling to break free from that guarantee. Or maybe you’re already in pursuit of your freelance writing career -- but you feel like you’re drowning. I’m here to tell you that it doesn’t have to be this way.

Years ago, I left my full-time job behind to give freelance writing a real shot. I’ll admit: it wasn’t easy. But if there’s anything I’ve learned from my own experience, it’s that just because something isn’t easy, that doesn’t mean it isn’t possible. Here are two tidbits of advice I wish I’d gotten at the start of my freelance writing pursuit:

Don’t be afraid to ask questions.

This one is for newcomers and seasoned veterans of the craft. Abandon your apprehension and cast your pride to the side. If you don’t know where to start or find yourself halted by a roadblock -- ask for directions. The only thing wrong with having a question is not asking it! Chances are, the confusion you’re experiencing is not an anomaly. Someone else has been there before -- and they found their way out. You can, too. Even if you aren’t plagued by a problem, you may still have questions. Curiosity, of course, is natural. Qualm your worries by reaching out to colleagues or industry experts and asking questions. For good measure, ask around. You may gain more from varied perspectives than you might anticipate!

Make friends with your ‘competition.’

I know what you’re thinking… but trust me on this one! Establishing genuine friendships with other freelance writers is incredibly beneficial -- for you and the person on the other end. This tidbit of advice is not meant to be malicious. Think of your competition as colleagues. After all, in a weird way, we’re all in this together! Networking with fellow freelance writers is a great way to learn more about the industry and advance your own career. Niche-specific freelance writing communities thrive online. Zero in on your focus and find your tribe. The benefits will shock you. Not only will you find the advice you’ve been searching for, but you’ll also enjoy the back and forth of job lead info and so much more.

Come back next week for more freelance writing industry insight and advice from RE: Writers founder, Robert Kurzban.