The Trump Administration issued a Statement of Administration Policy on February 5, 2020, announcing that the President’s advisors would recommend that he veto the Protecting the Right to Organize Act (“PRO Act”), H.R. 2474.
A copy of the Statement is available here.
The Statement identifies several infirmities of the PRO Act, including the provision which would replace the current “common-law” test used to determine whether an individual is an employee or independent contractor, for purposes of the National Labor Relations Act, with an “ABC” test that is substantially the same as the version recently adopted in California. In this regard, the Statement observes that:
[The “ABC” test] would kill jobs and destroy the gig economy. . . . It would be a serious mistake for Congress to impose this flawed job-killing policy on the entire country.
For a detailed explanation of the case against the PRO Act, click here.
An analysis of the fundamental flaws of an “ABC” test is available here.