Adapt or perish, now as ever, is nature’s inexorable imperative. H. G. Wells
American Capitalism
One of America’s great attractions to the world is a capitalist economy that has historically promoted worker opportunities. During times of change (technical, social or other) the ability of the American worker to adapt his/her work choices to current conditions is a testament of strength. H. G. Wells noted that adaptation to changing circumstances is essential to survival. Unfortunately governments, both state and federal, object to worker choice.
Government Says NO to Worker Choice
California signed Assembly Bill 5 (AB5) into law in September 2019. It
was designed to presume workers to be employees by default even if hired to perform temporary piece work or services. The unworkable nature of this approach was immediate and the state was forced to make dozens of “exceptions” due to pressure from Uber, Lyft and other companies contracting independent workers (Proposition 22).
The federal government has also weighed in on the effort to restrict worker choice in the name of “basic protections for workers.” The Department of Labor issued new rules on January 10th restricting companies and individuals from contracting with independent/”gig” workers. The resistance to this rule will be spearheaded by states, business groups and congress (via the Congressional Review Act).
Follow the Money
Independent workers cannot join unions. In the 2020 elections, unions contributed $67 million to their preferred candidates. Enlarging that donor base becomes an exercise in expanding union membership. Connect the dots. The “gig” economy is an obvious threat to union political funding.
COS Protects Worker Choice
Last summer's Simulated Article V Convention was an opportunity to imagine and debate potential amendments. Some proposals were:
“Congress shall not delegate any rule making function related to commerce among the states to any executive official or agency.”
“The Legislatures of the States shall have authority to abrogate any action of Congress, President, or administrative agencies of the United States, whether in the form of a statute, decree, order, regulation, rule, opinion, decision, or other form. This provision shall not apply to presidential action taken pursuant to Article II, Section 2, Clause 1, and to presidential appointments…"
"Such abrogation shall be effective when a simple majority of the Legislatures of the States declare the same provision or provisions of federal law to be abrogated. This abrogation authority may also be applied to provisions of federal law existing at the time this amendment is ratified. The state executive and judicial branches shall have no authority or involvement in this process.”
These proposals would slam the brakes on federal rules that do not include buy-in from the “several and separate states.”
Florida and the Independent Worker
According to Career Source Florida (section 5) there are currently about 10 million workers employed under traditional work arrangements (corporate payroll taxes and benefits compliance). Another 2.6 million Floridians work in non-traditional or alternative positions. There is likely to be significant overlap between the categories since many gig workers use second jobs as supplemental income to their full time employment.
The numbers indicate that at least one quarter of Florida’s workforce participates in an independent worker capacity. Since so many citizens may be impacted by forced revocation of their right to choose, it is imperative that our state government move to defend them. Florida has taken an initial step (SB 542 2022) that protects workers and companies from forced misclassification during emergencies.
As COS founder Mark Meckler noted in his 2024 Explosive Message it is time we "JUST SAY NO."
The government of Florida has done yeoman’s work on behalf of its citizens over the last several legislative sessions. We need to heed Mark’s advice and H. G. Wells' observation if we are to retain the worker’s right to choose.
Let individuals decide how they wish to work. It is the American way.
