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Disorganized Labor: Can Independent Contractors Come Together?

Freelancers

HuffPost Citizen Reporting   First Posted: 05/30/10 06:12 AM ET Updated: 05/25/11 04:55 PM ET

Produced by HuffPost's Citizen Reporting Team

Until two years ago, Dawn Lewandowski was working full-time as a graphic designer at a Minnesota firm. She had health care, paid vacation and earned almost $30 an hour. When she lost her job at age 48, she began living her life as a freelancer. 

By most measures, Lewandowski is now successful, making significantly more than her old hourly rate and working 40+ hours per week. But like many other freelancers, she lacks health and unemployment insurance, paid sick days and vacation time. Without a retirement plan, she sees herself working into her 70s and 80s or, as she grimly quipped, "until I die."
 
Traditionally, workers have gained workplace rights and benefits through their status as full-time employees. But freelancers, who now make up 31 percent of the workforce according to the U.S. Government Accountability Office, must furnish their own social safety nets. Rapidly rising membership rates reported by the Freelancers Union suggest that these workers are eager for help.
 
Part of that growth is coming from the rising number of workers who have turned to freelance work as the employment market shrinks for traditional benefit-laden positions. According to the Bureau of Labor Statistics, the economy lost some 2.5 million full time jobs in the past year. Independent contractors and temps have helped fill in the holes.
 
Freelancers Union founder Sara Horowitz believes this labor shift is permanent.

"We really believe this is the new work force -- mobile, flexible, entrepreneurial," Horowitz says. "In part, that's what businesses are demanding of us, but workers are also choosing it as a way to have more control over their career path and life."
 
Michael Haaren, co-founder of the freelance job website Ratracerebellion.com, agreed, "We're seeing a major shift in independent contracting away from full-time employment. I grew up in the 1950s, when one income sufficed and people would stay with one employer for 20 or 30 years. It seems like another planet now."
 
Haaren also pointed out that the declining benefits offered by full time employment drive workers to freelance work.

"If a company is offering very little health insurance, they're scaling 401ks back and there's no job security, what's the difference between that and freelancing?" he said.
 
Availability of these benefits is drawing some workers to the Freelancers Union, where people join for free and pay separately for services like insurance, seminars and workshops. The union negotiates group rates on health -- currently only available in New York -- and life insurance. Last year, it launched its first retirement plan.
 
But the inability to bargain collectively, said Lee Adler, a senior extension associate at   Cornell University's School of Industrial and Labor Relations , is a major impediment.

"Offering portable benefits is nothing to be sneezed at, but I don't see this as having a significant impact on the labor market," Adler says. "It's not a substitute for unionism -- it's the second best thing."
 
Horowitz agreed that it was not a replacement.

"We are thinking about 'new unionism' for people for whom collective bargaining is not a possibility," she said. "Remaining relevant to the way people work... should help strengthen unionism overall."
 
George Gonos, an associate professor of sociology at the State University of New York, Potsdam, said that most independent contractors have no representation at all.
 
"Not only are freelances excluded from the National Labor Relations Act, meaning that they don't have the support and encouragement of the government to organize but when they do organize, they are vulnerable to anti-trust lawsuits because they're legally small business operators," said Gonos.
 
Gonos explained that the divide between low-wage workers and urban professionals also hinders organizing, along with the isolated and temporary nature of freelance work.
 
"I'm not sure that the average visitor to Ratracebellion.com feels a cohesive identity with other folks working gig to gig," said co-founder Haaren. "They visit websites like Workathomemoms.com, but that comradeship hasn't yet translated into enough group cohesion to get things done collectively." 
 
George Mann, 48, a freelance folk musician and long-time organizer for New York Musicians Union Local 802, said that organizing freelancers is more challenging than organizing full-timers. But in many ways, it is also more necessary.
 
"As an artist, you have to make sure you have something for your old age," said Mann. "Too many musicians have had to raise money to pay for their coffins. When I turn 62, I can start drawing a pension. It would be great if I'm still singing when I'm 70 or 80 or 90, like Pete Seeger. But I don't have to."

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Produced by HuffPost's Citizen Reporting Team Until two years ago, Dawn Lewandowski was working full-time as a graphic designer at a Minnesota firm. She had health care, paid vacation and earned a...
Produced by HuffPost's Citizen Reporting Team Until two years ago, Dawn Lewandowski was working full-time as a graphic designer at a Minnesota firm. She had health care, paid vacation and earned a...
 
 
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11:43 AM on 03/31/2010
Then they wouldn't be independent anymore now would they?
http://yieldpig.blogspot.com/
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Cleo Creech
Atlanta writer, poet, activist.
01:28 AM on 03/31/2010
The Bush changes in OT regulations also pushed a lot of people into freelance. This heavily impacted creatives. You used to actually have to supervise someone to be management, but now if you as much as choose a color, or put two words together into a sentence, you're considered management and classified as a salaried worker, not eligble for OT.
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12:44 AM on 03/31/2010
Obama and the IRS targeting independent contractors.

http://www.thefreelibrary.com/Classification+warfare:+IRS+targeting+independent+contractors.-a0193510167

No one is safe.
02:17 AM on 03/31/2010
try again dude. it doesn't say when this was written. the irs has been doing this for years. and, it's about employers , not employees. employers . employers who try to get out of paying taxes and benefits to people by classifying workers as independent contractors when they do the same job as a regular employee. and if bush hadn't cut taxes on the rich, rolled back regulations ,and allowed them to treat employees like dirt, to pay them back for big donations, our economy wouldn't be in this mess. and the middle class wouldn't be in the shape it is in now.
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03:53 PM on 03/31/2010
Exactly....The 1099 IC thing is so screwed up it's a joke. The lawful way it is done is that a company has specific work they desire to be done on a fixed job-by-job basis such as installing doors on a shower/tub. They advertise for an IC to do the work and the IC comes in and tells to company what they will charge to do the job and the parameters surrounding it..The company either accepts or rejects the IC. You are not supposed to say, "Okay, every set of doors you put in we pay $50"...The IC bids the rate and conditions, not the company...In addition, the company is not supposed to tell the IC, "You have to be at the Jones job at 8am sharp"...The boundary ends at, "Mrs. Jones would like her job started at 8am"...it's up to the IC to work that out with Mr. or Mrs. Jones. The IC has the right to refuse a job, or establish conditions such as being paid the costs of driving to a customer that cancels the job when they arrive, or idle time when they are forced to wait an hour for Mrs. Jones to get home for her 8am appointment that she forgot was today...Companies have turned IC's into flat rate employees that get paid one fixed amount per job no matter how long it takes at their own expense which violates the intent of the law.
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04:20 PM on 03/31/2010
1099 IC's are technically self-employed and essentially are their own business...the companies that utilize them in spirit are consumers (customers)...They set a rate or a price for something with THEIR customer and the IC, being a business, is supposed to set THEIR rates with the company, (THEIR customer). It has been adulterated into the company dictating what THEY will pay for a service provided by the IC PRIOR to even giving them work AND setting the conditions they do the work under which violates the language of the law...an IC is someone you do not have any direct authority or control over...telling them what time to come in, what time to go home, when they must take a lunch break, what days they must work, how much work they need to do in a day or dictating their rates for work are all things an EMPLOYER does.
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11:06 PM on 03/30/2010
I think it's high time to revive the Unions and to also create Unions for white collar and creative industries where Unions have not traditionally existed. It's generally been the only way average folks (the little guy) can stand up for their rights in the face of giant, multinational corporations. When CEO's are walking around with multimillion dollar bonuses while mass lay offs/firings occur, salary cuts and longer hours for the same or less pay for workers who remain are the order of the day then it's time to "band together"!

I have been doing freelance work off and on and think a union for freelancers in a specific industry is a terrific idea.
11:18 PM on 03/30/2010
According to the SBA in 2006 the US had 18,000 large businesses. That means greater than 500 employees. All totaled there was 29.6 m businesses in the US in 2008. Do you not see that BIG BUSINESS is a tiny number of the total businesses and with each merger that number is dwindling.

Don't worry about pensions, corporation health benefits, vacations, sick leave, etc, because in order to keep any businesses here in the US those benefits will need to be lashed.

The media and this administration has done a dandy job of making the public think that all CEOs are getting huge bonuses and salaries. THAT JUST AIN'T SO . Do your homework.

You can't demand what market won't allow. Many jobs lost this past year are gone forever. Many people that had those jobs were unskilled and now that lack of education is catching up and we don't know what to do about it.
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10:34 PM on 04/01/2010
What are you talking about? I am talking about talented, highly educated and skilled professionals who freelance to make ends meet in this challenging economy banding together to have more of a position of power for benefits, etc.
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ErnestineBass
No longer a cog in The Machine.
10:12 PM on 03/30/2010
So struggling freelancers who organize are "vulnerable to anti-trust lawsuits", but the g.d. health insurance companies STILL GET A FREE PASS????????

What in thehell has happened to this country?
12:48 AM on 03/31/2010
It found religion..........In ancient times the people turned to prophets for guidance. Now it's profits.

We've gone from "Greed is good" to "Greed is God".
02:33 AM on 03/31/2010
thanks to bush's gifts to big business. he gave anti trust to health insurance companies and tort reform. you can't sue an ins. comp. if they drop you for no reason or refuse to pay for no reason., that's why i think this health reform bill is going to really really great for people . no longer are we going to be forced to work somewhere just for the health insurance. he has taken some of the power away from corp., and given it back to the people. it's an unbelievable achievment considering how much power corp. have over citizens.
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Mike Kopac
08:08 PM on 03/30/2010
to those who hear anti union talk

counter with the fundamentals

1) Do Unions have democratically elected leadership...even for the lowest position, the shop steward?
Now what about corporations.....

2) is our Flag saluted at Union meetings with the pledge of allegiance?
Now how about at corporate Board Meetings?

3) why do teachers in the North make much more than those in the South....and name any Republican politician who doesn't go around tauting that teachers should make more(yet does nothing about it)......which social vehicle actually achieves it?
01:31 PM on 03/31/2010
Mike -
Name one industry that is doing BETTER
(Market share vs Profit & Loss)
WITH Unions than without them.
01:56 PM on 03/31/2010
The worker`s do better with a Union then with out People do count
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Anthony Sturgeon
unemployed bandit
06:37 PM on 03/30/2010
I'd really like to hear the numbers of union workers that got pink slips that haven't been returned to work,, and how it compares with other workers who have been cut out of the economy in such a way that still today looks as if it's not coming back anytime soon...

The 20 year wage and benefit freeze is now apparently transforming into wage cuts as organized labor seems to be dying in America,, or going to suffer when ever the next contract talks begin...
I know a lot of folks who are stuck in that 50 to 60 age range that are going to take big hits as they're to young to retire and too old to start a new career,,, and wondering how they can protect their pension and annuity plans while they wait as we've seen what's possible in this economic melt down...

Fraud and corruption rampant at the top of the financial food chain has got everyone looking hard at union leaders and the way these funds are protected from any investment ponzi-like scheme makes for an interesting future to say the least........

I've never understood how the American ppl ever got manipulated into believing organized labor was anti American,, or some how bad for the real,, "we the ppl" as corporations hid amongst us and voted in favor of million dollar bonuses for CEO's instead of wage/benefit gains for workers...
01:52 PM on 03/31/2010
Because Americans are suckers ,look at the T Baggers protesting for Insurance companies clinging to the Republicans like they care about them , not wanting regulations on big business