The PRO Act, however, applies the test only to workers’ rights to organize and collective bargain, said William B. Gould IV, a law professor emeritus at Stanford University and a former chairman of the National Labor Relations Board under the Clinton administration.

“The focus of AB 5 and Dynamex is minimum wage, maximum hours, workers’ compensation, health insurance and paid sick leave that is available to employees, unemployment insurance as well,”

Other parts of federal labor law, such as the Fair Labor Standards Act which regulates minimum wage and overtime, are not touched by the PRO Act, Gould said.

Gig workers under the PRO Act would simply gain the right to organize and collectively bargain, if they choose to exercise it, Gould said.