SHOULD YOU JOIN A UNION
7 Benefits for Freelancers Who Join a Union
Freelance and independent workers lack the specific benefit of workers’ compensation and many other group insurance types.
Now that Labor Day is over, you probably had time to read some of the Labor Day articles on Medium. One of my favorites was by Robyn Kagan Harrington. Just look at some of the photos from before unions to see how it used to be.
Freelancers could realize at least six other benefits by joining a union, such as group insurance, network and training events, government lobby, member discounts and offers, and collective business growth ideas.
I wrote this a while ago, but before we go into the other reasons to join the Freelancer’s Union, the Freelancer’s Union health insurance window closes 15 December 2022.
So, to prevent coverage lapses, sign up now. This is not an affiliate link. I get nothing from you joining.
Why the Animosity Towards Unions?
As I started researching the topic of group health insurance for freelance and other independent (indie) workers, I was shocked to find blatant lies or misrepresented statements perpetrated by anti-union factions against unions.
One such article I read blamed unions for California Law AB-5, which defines the difference between an employee and a contracted worker. They claim,
“UUnions, of course, want to unionize gig workers because they need to shore up declining membership. The AFL-CIO is working through legislators to get laws passed that force gig workers to be treated as employees, making them eligible for unionizing. For example, California Assembly Bill 5 (AB5) (2750.3 of the California Labor Code) went into effect on January 1, 2020, and requires businesses hiring independent contractors to reclassify them as employees.” [1]
This is a flat out lie or at best, misrepresented facts. AB-5 forces hiring authorities to decide based on given facts whether the hire will be an employee, entitled to labor law protections, minimum wage requirements, and equal benefits provided to other employees. I guess they think people will not bother to familiarize themselves with AB-5.
The basis for the original lawsuit only included truckers who contracted shipments with Dynamex Operations. You can read the entire case transcript of Dynamex Operations West, Inc. v. Superior Court, as provided by Stanford Law. However, the Supreme Court of CA decided to look at the broad impact on independent workers. [2]
Any ruling would significantly impact intrastate truckers, as a new CA meal and rest break law provides that an employer must give a “paid” break after every four hours at work. Also, an unpaid meal or rest break after every 5 hours. These rest breaks have to be 10 minutes or more, with every meal break 30 minutes or more.
Therefore, if all the intrastate drivers were employees, the trucking industry would need to pay the first 30-minute break, or as indies, they would not be entitled to a “paid break.”
The Federal Motor Carrier Safety Administration (FMCSA) already requires interstate drivers with a commercial driver’s license (CDL) to take a 30-minute break within the first eight hours on-duty.
In my opinion, had Dynamex and other trucking companies not been so greedy, this would not have happened. You cannot label all drivers as indies and expect them to take $.40 per mile, and then expect them to sit and wait for another load, sometimes for more than a day. Are they, in this case, independent? You could say yes, they have the option to decline the load and return home empty. These trucking companies know they have the driver over a barrel.
Is it fair to the driver to be required to take two 30-minutes breaks, which were directed by CA law, without pay? Drivers only get paid when driving, just as most writers get paid per word or per project amount. Granted, the FMCSA already stepped in on behalf of the trucking industry and told CA, it is the authority on interstate trucking and they could not force fleets to pay the driver or force them to take two breaks when they have already ordered one.
However, this blogger for Unionproof.com continues with this shady pretext that unions want to do away with indies and freelancers and make them employees, by stating, “The law is a precursor to what unions hope to get in other states. As the law reads, anyone hired is assumed to be an employee.” That is not what the law states, period.
Granted, the A, B, C Test of AB-5 is narrow and strict. There must be strict guidelines so that greedy companies, like Dynamex and others, won’t attempt to take advantage of indies by providing a cut-rate wage, no benefits, and still direct their actions. This is the basic text of the A, B, C Test.
A. Workers are free to perform the task without direction or supervision. B. The worker will perform functions outside of the hiring company’s usual activity. C. The worker is working within an established business, trade, or occupation that is typical of the work they will perform.
If you want to direct every minute of a driver, writer, photographer, or other freelancer’s time, you want an employee. Therefore, you should hire one and give them the benefits provided to other employees.
If you want to pay a specific amount for delivery, a document, or whatever, draw up a contract stating what you want, when you need it, and how much you are willing to pay to get it.
Then, the freelancer has the option of accepting or declining. You do not have the right to tell them, you can’t work on anything else while you are completing my project, then they are an employee subject to your whims.
These anti-union people would have you believe unions are the only ones lobbying legislators and world leaders to control workers. Why do you think industries are so dead set against unions? Why are they saying, “Unions will intensify their lobbying efforts across the states to get as many gig workers as possible reclassified as employees.”
They’ve seen their right to work 7 and 8-year-old kids 12-hour days disappear, and paid holidays, parental and medical leave become the norm, so they are trying vigorously to maintain their profits to please their shareholders.
Personally, I do not like AB-5, but I do not think unions, particularly freelance unions, want this as the law of the land either. It is too restrictive. We should be able to decide the terms of the contract, and not be directed by the government or industry leaders to dictate it to us.
However, I do not agree with the union-bashing either. We should be able to get together to take advantage of group rates for insurance and other networking benefits.
Why Join a Union
Now that we have that union-bashing dialogue out of the way, let’s get to how we as indies can benefit from belonging to a union.
The Freelancers Union says about itself, “Freelancers Union is the largest organization representing the growing independent workforce. We’re a community that looks out for each other [,] and is working together to secure a better future for freelance work.”
You might wonder how they represent us, the freelance or independent (indie) workers.
Here Are Some of the Benefits that Can Be Gained with Membership
#1 — Freelancer Insurance Plans
As I alluded to earlier, we can benefit from the discounted rates available through group rates for insurance as a member of the Freelancers Union [3] in the following areas:
1. Health — you can find freelancer health insurance in diverse areas in many states, such as California, Florida, Georgia, New Jersey, Pennsylvania, or Texas, which includes open enrollment and Medicare Advantage for Freelancers.
2. Dental — an extensive network participating dentists who provide freelancers with affordable dental insurance.
3. Vision — you can save up to $200 per year on affordable vision insurance for as low as $13 monthly.
4. Term Life — every freelancer can shop for affordable life coverage to protect their family.
5. Disability — since we are employees and not eligible for workers comp, we need affordable disability insurance.
6. General or Professional Liability — affordable liability insurance is an option to protect your freelance business from legal actions in the following areas:
a. Fitness & Beauty Professionals b. Business & Marketing Consultant c. IT Consultants d. Photographers e. Graphic & Web Designers f. Real Estate Professionals
#2 — Networking Events
You can search for many events and topics on the Freelancers Union website for a city near you. If there isn’t an event that you would like to see happen, why not plan one?
Get two or three professionals together and brainstorm an event. Graphic artists, writers, and web developers have talents that match, and people need it. Host a live or online event to display your products.
#3 — Training events
Take advantage of training events in your area, or check out the resources available from the Freelancer Union. We need to remember that we are professionals and do not need to wait for someone to plan something for us.
#4 — Advocacy and Lobbyists with Various Government Agencies
The Freelancers Union lobbied Senator McConnel directly to get $6 billion set aside from the CARES Act for freelance and independent small business entrepreneurs.
#5 — Member Discounts
You can find many independent discounts from large corporations provided free to Freelancers Union members, such as two months off SkillShare, two months of FreshBooks Financial free, and many other free trials and offers.
#6 — Business growth ideas & articles
Browse the Freelancers Union blog spot for ideas on saving money as a freelancer, freelancing with a disability, and many other business growth ideas for indies
#7 —Freelancers Relief Funds & Other Emergency Funds
Currently, the Freelancers Relief Fund is focused on providing freelancers and indie workers up to $1,000 in financial assistance to cover rent, food, and other necessities. Go to workingtoday.org to make a donation.
Takeaways
The idea of joining a union need not limit your independence or hamper your freelancing style. What it could do is provide you with low-cost group insurance, legal and tax protections, ideas to help you grow your business, get member discounts and free trials available only to freelancers, advocate government agencies to ensure we are not forgotten as small business owners and entrepreneurs, and help us coordinate or find training and networking events.
Therefore, whether you choose to be a union member or not, simply joining a union DOES NOT take away your rights as a freelancer, nor does it make you eligible for employee benefits.
I appreciate the option to participate in group rates for insurance, the opportunity to network with other indies, and other benefits associated with joining a union. A seriously don’t appreciate an agency trying to restrict our ability to join or abstain.
References:
[1] https://blog.unionproof.com/what-is-the-impact-of-the-gig-economy-on-unionization/
[2] Stanford Law https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584
[3] Freelancers Union https://www.freelancersunion.org/register/
Stephen Dalton is a retired US Army First Sergeant with a degree in journalism from the University of Maryland and a Certified US English Chicago Manual of Style Editor. Top Writer in Short Story, VR, Design, & Creativity. Editor of Pop Off, Top Dalton’s Blog, 100WordStory, and SportsShorts100WordsOnly
You can see his portfolio here. Email [email protected]
