Freelancing is booming, with millions of people choosing this independent path to build careers that offer flexibility and freedom. But freelancing has its challenges, too—especially when it comes to securing fair pay, reliable health insurance, and other benefits traditionally enjoyed by full-time employees. This raises the question: Can freelancers be in a union?
This article explores the options and realities for freelancers considering unionizing, looking at the legal landscape, and available options.
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Can freelancers be in a union in the U.S.?
Whether freelancers can join or form a union is a complicated topic, largely due to current labor laws.
“The key conflict here is with existing antitrust laws,” says attorney Paul Koenigsberg. “Freelancers are technically considered separate business entities.” This distinction affects freelancers’ eligibility for unionization and collective bargaining—a right usually reserved for employees.
Under U.S. antitrust laws, freelancers organizing to negotiate higher pay could be viewed as engaging in “price-fixing” since they’re considered individual businesses rather than employees of a single organization.
Koenigsberg calls this a “mere technicality,” noting that attempts have been made to change these rules to create exceptions for freelancers, but so far, no national or large-scale protections have been achieved.
Worker misclassification can also impact freelancer union eligibility. In some cases, workers classified as “independent contractor” might actually perform duties more typical of employees, working set hours, or having limited control over their tasks. These misclassified workers could technically qualify for union protection because their roles resemble those of regular employees.
However, employers often hesitate to reclassify these workers due to potential legal and financial obligations, such as providing benefits or paying back-taxes.
Legislative exceptions and localized efforts
Though there are no national protections in place for freelancers, a few local governments are experimenting with solutions for specific freelance industries. “In some jurisdictions, lawmakers have proposed or enacted measures that allow certain freelancers to negotiate collectively,” Koenigsberg says. “For example, in New York City, the government granted specific protections to app-based food delivery drivers, allowing them to advocate for fair pay and working conditions.”
These localized exceptions signal a potential shift in how freelance work and union eligibility could be addressed more broadly in the future. As more freelancers voice concerns over fair pay, benefits, and working conditions, the conversation around union rights for independent contractors may continue to grow.
What are the options for freelancers?
While there isn’t a true union for freelancers, several organizations offer resources to support independent workers. Groups like these allow freelancers to connect with others, access essential benefits, and find a community that understands their needs.
Freelancers Union
The Freelancers Union is a well-known organization dedicated to supporting freelance workers, offering resources to improve their work-life quality and help them overcome their unique challenges.
Services offered: The Freelancers Union provides resources like health insurance, advocacy, and community networking. Their advocacy efforts have led to important legislative wins like the Freelance Isn’t Free Act in New York City, which aims to protect freelancers from non-payment issues.
Pros: The Freelancers Union helps address critical issues faced by freelancers, including access to legal assistance and peer support.
Cons: Despite its name, the Freelancers Union isn't a formal union and lacks the legal power to collectively bargain on behalf of freelancers or negotiate contracts. “This is technically not a union and can’t negotiate contracts with employers or represent freelancers in collective bargaining agreements,” Koenigsberg says.
Joining the Freelancers Union is free, making it an accessible option for independent workers. To become a member, visit the Freelancers Union website, create an account, and complete a brief registration form. The process is open to all types of freelancers, whether you work in creative fields, tech, or other industries.
Other organizations
Other groups also support freelance professionals without acting as traditional unions. These organizations, while different from unions, provide resources and sometimes even collective bargaining in a form that respects freelancers' legal limitations. They advocate for fairer work conditions and provide members with networking opportunities, legal advice, and discounts on professional services.
Services offered: Many of these organizations—such as the National Writers Union (NWU) and Freelance Solidarity Project (FSP)—offer support through advocacy, professional resources, and occasionally, group negotiations for better pay and working conditions in specific fields. By gathering freelancers under a single banner, they can push for improved standards industry-wide without directly bargaining contracts.
Pros: These collectives offer the benefits of belonging to a community with shared interests, such as legal assistance, group health plans, and a collective voice for industry-specific issues.
Cons: Since these organizations are not traditional unions, their advocacy power is limited, and they can’t always guarantee the same level of representation that a union might provide to employees.
Tips for freelancers looking for collective support
You may not have access to traditional union benefits as a freelancer, but several strategies can help you negotiate fair contracts and improve working conditions collectively.
1. Build a network with other freelancers
Start by connecting with other freelancers in your field or niche. Sharing industry experiences, rates, and insights can reveal common standards and challenges.
Join professional groups on social media platforms like LinkedIn, Facebook, or Reddit. Communities such as Freelancer's Hub, Freelance Friday, and Freelance Writers Den offer discussions on rates, client experiences, and negotiation tactics.
2. Leverage freelance platforms for collective knowledge
Some freelancer platforms like Upwork, Fiverr, and Freelancers Union forums offer valuable tools, such as job boards, contract templates, and articles on negotiation.
Seek out ratings and reviews of clients on these platforms to gain insights into which clients have favorable rates and fair work policies. Having this information upfront can help you set realistic boundaries and rates in contract discussions.
3. Engage in rate transparency and collective price-setting
Encourage discussions around rate transparency within your network. While freelancers technically can’t unionize for collective bargaining, discussing rates can help set industry standards and prevent undercutting. Use collective discussions to share insights on market rate expectations and fair compensation for various project types. Knowing the “going rate” can give you confidence when negotiating with new clients.
4. Strengthen your negotiation skills and set boundaries
Use these resources to sharpen your negotiation skills. Ask for specific advice from more experienced freelancers on handling challenging clients or setting limits for scope and payment terms. Many freelancers overlook these terms early on, which can lead to burnout and increased workload without proper compensation.
Key takeaways
Although freelancers in the U.S. typically don’t have the legal right to join or form unions in the traditional sense due to antitrust laws, some freelance union-style organizations or collectives can provide essential support and advocacy. The Freelance Union and professional networks provide access to health insurance, advocacy, and collective support that empower freelancers in negotiating fair contracts and rates.
FAQs
Can freelancers unionize?
Currently, freelancers can't unionize in the traditional sense due to labor laws that consider them independent contractors. However, they can join organizations like the Freelancers Union, which offers support, resources, and advocacy tailored to freelancers without formal union status.
Is there a union for freelance writers?
Freelance writers can join the Freelancers Union or other industry-specific associations. While not a union in the legal sense, these organizations provide essential support, from contract resources to networking opportunities, that help freelance writers navigate their careers.
Is the Freelancers Union legit?
Yes, the Freelancers Union is a reputable organization that has been advocating for freelancer rights since 1995. It provides valuable resources, including health insurance options, legal support, and professional development resources.
Who can join the Freelancers Union?
Anyone working independently, regardless of industry, can join the Freelancers Union. Membership is free, and the organization provides resources like health insurance, advocacy, and networking opportunities for freelancers.
Can you join a union if self-employed?
Self-employed individuals generally cannot join traditional unions, as they are classified as independent contractors. However, organizations like the Freelancers Union offer similar benefits to a union, such as access to insurance, legal resources, and collective advocacy for self-employed individuals.