Senators Sinema And Kelly: Independent Workers Are Counting On You To Reject The PRO Act

kelly sinema
Sens. Mark Kelly and Kyrsten Sinema dutifully posed with their vaccine records in D.C. on December 18, 2021. [Photo via Twitter]

By Lorenzo Valentini

As someone who depends on independent work to make a living, I had serious concerns about my future when I heard the Protecting the Right to Organize Act (PRO Act) passed the House of Representatives in March. I had faith, however, that our leaders in the Senate would recognize the harmful provisions of this bill and fight against it.

Now the PRO Act is included in President Biden’s infrastructure bill, which looks likely to be considered soon. If the PRO Act becomes law, it will change the nature of independent work as we know it, likely ending my ability to be an independent worker. Thankfully, our own senators here in Arizona, Kyrsten Sinema and Mark Kelly, have yet to sign onto this harmful bill.

Why is this legislation so dangerous? For independent workers like me, it would threaten my livelihood through a provision called the ABC test. The ABC Test would result in millions of gig workers like me losing our livelihoods, and those workers who don’t would be forced to work strict schedules with no flexibility – the whole reason we do this sort of work.

As I near my third year of driving with Lyft, I can’t stress enough how much independent work has positively impacted my life. I have a sense of freedom I couldn’t experience in past 9 to 5 jobs, and I am completely my own boss. Not to mention, I absolutely love what I do. I’ve driven almost 8,000 passengers around Phoenix, and every ride I learn something new about myself and those around me.

However, the ABC test would force me back into the full-time schedule I decided to leave a long time ago. To put it simply, it would reclassify many independent workers as traditional employees–and take away our flexible work schedules and more. We already saw this ABC test negatively impact our neighbors in California with the passage of Assembly Bill 5.

When California passed Assembly Bill 5, which includes provisions identical to the one in the PRO Act, app-based workers, freelancers, and independent contractors felt the ramifications. Independent workers across the state experienced alarming rates of job loss and reduced work opportunities, leaving them in fear of earning necessary income. As a result, California voters voted against Assembly Bill 5 and the ABC test.

If the effects of the ABC test were this bad in just one state, I can’t imagine the havoc it would wreak across all fifty.

As a single father, I depend on my flexibility with Lyft in order to manage my life. Independent workers across the board choose flexible work because they can tailor their work schedule to their personal situations, and trust me when I say everyone’s situation is different. The independent workforce is a melting pot of people from every background, including parents, students, caretakers, disabled persons, and retirees. Such a diverse group of workers cannot be so seamlessly classified by this “one size fits all” legislation, and we should not be forced to choose between flexibility and financial stability.

If passed, the PRO Act will upend our earning abilities as we know it, and independent workers will suffer the consequences for years to come. That’s why I thank Senators Sinema and Kelly for not co-sponsoring this legislation, and urge them to advocate for independent workers everywhere by standing firm in their position. The independent workforce is counting on their continued leadership.

Lorenzo is a Lyft driver from Phoenix, Arizona.