7 Working Stiff Punching Out; Job Advice from a Labor Expert

FEATURE ARTICLES WORKPLACE DIARIES FREE ADVICE
STRESS-O-METER SPEAK UP ACTION GUIDE
TITLE PUNCHING OUT  page 1 of 3
SUBHEAD Weekly Answers to
Office Quandries
AUTHOR Professor
Peter Rachleff

Punching Out


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Question I'm a full-time, "freelance" employee at a large media company, meaning I work 5-6 days a week and am paid a set amount per week, but do not enjoy any of the health/insurance/stock benefits that my "staff" colleagues enjoy. When I was hired, the precise terms of my employment were not defined, nor was I hired to work on one specific project. Basically, I took the job because I didn't have the experience/leverage to set the terms. I was never offered a written contract.

I'm now questioning whether or not it's permissible that some employees working alongside me receive "staff" benefits, while "freelancers" work full-time with "staff" status and no benefits. Benefits are extended as a carrot only after paying "dues." The freelance/staff distinction, in terms of individuals' actual work responsibilities, seems almost arbitrary.

What can I do?

Matt
New York City

AnswerI hate to tell you how typical your experience is! And, unfortunately, perfectly legal. There are no laws (yet) anywhere in the U.S. that require employers to treat "freelancers" equally with regular, "full-time" employees, no matter how similar their work responsibilities might be. There are people, mostly union organizers and labor activists, who are trying to develop strategies to bring organization to workers in your situation and to pressure state legislatures or even municipal governments to adopt rules and regulations that would prevent the sort of discrimination you are experiencing.

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