At the moment, at least, I disagree with your conclusion, although I haven't yet read a lot in depth on this issue.
I'm not about to begin signing contracts with companies that hire us because nearly every one I've read is written to the clear advantage of the signing service. (I have signed very few of these in my career.) Many have sections that I strongly disagree with. So if anyone does decide to go that route, please be sure to read carefully before you sign, and don't hesitate to strike out provisions that too restrictive or worse.
My personal opinion on this issue (and obviously, I'm a CA notary), is that it would be very difficult to categorize the vast majority of us as employees. For one, we typically work for a wide variety of clients and while they may provide instructions, they don't control how we run our businesses or precisely how we carry out our work.
If I were to advise any steps to prevent being impacted by this, it would be to be careful to avoid working for the baby-sitting hand-holders who try to micro-manage how you operate. That's one of the biggest indicators of an employer/employee relationship. I'd also recommend being sure you have a diverse clientele.
Having said that, I think it's a good idea for us to keep an eye on what happens with this issue, so thanks for mentioning it again.
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