Obernolte defends independent contractors with PRO Act amendment
U.S. Congressman Jay Obernolte (R-Hesperia) fought to protect the rights of independent contractors against controversial restrictions in the PRO Act that passed the U.S. House of Representatives today, proposing an amendment that would have struck a provision of the bill that dramatically narrows opportunities for independent workers and speaking against the bill on the House floor.
“The flexibility and entrepreneurial power of independent contractors has become an integral part of this nation’s workforce in both terms of providing flexible work opportunities and in helping startups, small businesses and entrepreneurs get off the ground,” said Rep. Obernolte. “My own business would not have been able to launch without the ability to utilize independent workers.”
The Obernolte Amendment, which was not given consideration on the House floor, would have struck part B of the ABC test included in the PRO Act that requires the worker perform work outside the usual course of the hiring entity’s business to be considered an independent contractor. The PRO Act’s restrictive ABC test for independent contractors will significantly reduce flexibility for students, parents, small entrepreneurs, and retirees who benefit from the ability to create their own schedule or take work opportunities on an ad hoc basis.
A 2020 survey from the Coalition for Workforce Innovation showed that 94 percent of respondents were either somewhat or very satisfied with their independent work style, while 89 percent agreed it allowed for new opportunities and flexibility to improve their work lives. Additionally, new technological advancements have increased flexible workforce opportunities and opened doors for more people to good paying jobs. The PRO Act’s ABC test would eliminate this flexibility and force workers to operate in more traditional and limited capacities that hurt both workers and employers.