The Editorial Freelancers Association is proud to join with the nonpartisan, self-funded group Fight for Freelancers and other established organizations, such as the American Society of Journalists and Authors and the Society for Professional Journalists Freelance Community, in signing an amicus brief filed with the National Labor Relations Board earlier this month. The brief represents a broad coalition of 250,000 freelancers, including writers, editors, translators, and other communicators.

The brief, filed in response to a request from the NLRB, argues that the ABC test should not be adopted by the NLRB in defining independent contractor relationships. The same ABC Test decimated independent contractor income and careers as California’s Assembly Bill 5, requiring later revisions to AB5.  

The amicus brief further explains that independent contractors comprise one-third of the U.S. workforce; details why more women have been choosing independent contractor work for decades, including during the pandemic; dispels the myth that app-based workers make up a large percentage of these small-business owners; and cites a litany of studies showing that the vast majority of independent contractors want to remain independent.

Many decision-makers are not aware of how freelancers may choose to operate their businesses. The brief gives freelancers, including EFA members, a voice at the table. We encourage you to further amplify your voice and that of your fellow freelancers by sharing the brief on social media (use the hashtag #ReadTheBrief) and contacting your representatives in Congress about your concerns about the ABC test and similarly restrictive tests for classifying independent contractors.

The EFA Board of Governors