#AB5

GOVERNOR SIGNS BILL TO EXEMPT MANY INDEPENDENT WORKERS FROM AB 5

Update September 5, 2020 : Governor Gavin Newsom has signed this bill into law. It takes effect immediately as an emergency measure.
 
By Miriam Raftery
 
September 3, 2020 (Sacramento) – A bill to exempt many occupations from AB 5, California’s controversial new employment law, and allow those exempted to work as independent contractors instead of employees, has passed the Legislature overwhelmingly. Governor Gavin Newsom is expected to sign the measure, AB 2257, into law. If signed, it would take effect immediately as an urgency measure. View full text of AB 2257.
 
The trouble began in 2018 when the state Supreme Court’s decision in the Dynamex case imposed a strict new test of employment status in California’s burgeoning gig economy.  AB 5, authored by Lorena Gonzalez (D-San Diego), sought to codify the court ruling but went farther, requiring that a broad range of freelancers and independent contractors be treated as employees eligible for benefits ranging from unemployment to medical care.
 
AB 5 triggered a backlash of criticism from many freelancers whose income and flexibility were severely impacted, including musicians, writers, translators and many others walloped first by AB 5, and then by the COVID-19 pandemic and shutdown.

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BRIAN JONES COAUTHORS BILLS TO REPEAL, REFORM AB 5 “GIG WORKER” LAW THAT IS HARMING INDEPENDENT CONTRACTORS’ LIVELIHOODS; CONGRESS TO VOTE ON BILL SIMILAR TO AB 5 THIS WEEK

 

A national version of AB 5 is slated, which radically revises employment laws, is slated to be voted on in the House of Representatives this week with backing of California's two Senators

By Miriam Raftery

Image courtesy of #FightForFreelancers, which is battling a measure similar to California's AB 5 law. The seriously flaws legislation in our state is being emulated across the nation even as lawsuits, reform and repeal measures are pending in California.

February 4, 2020 (San Diego) – State Senator Brian Jones (R-Santee) is  coauthoring multiple bills to repeal and/or reform Assembly Bill 5, which took effect January 1, decimating independent contractors in a wide range of fields as well as the businesses and nonprofits that have long relied on freelancres.

AB 5 was introduced by Lorena Gonzalez-Fletcher (D-San Diego), a former labor leader who touted it as a way of cracking down on companies such as Uber and Lyft for exploiting workers and forces even small businesses and nonprofits to make most workers employees rather than independent contractors.

But the costs of doing so are prohibitively high for many businesses and organizations, putting their futures at risk. The law has also had devastating effects on freelancers across at least 150 fields including musicians, writers, artists, actors, dancers, nurses, consultants, translators, photographers, teachers and other independent contractors who value their freedom and flexible schedules and don’t want to be employees.

Some are now unable to find work due to AB 5, as out of state companies cancel gigs with California freelancers, unwilling to risk criminal penalties and huge fines for misclassifying workers under the convoluted, complex and confusing terms of the law. Other freelancers have shelled out high costs to start their own companies in order to qualify for business-to-business exemptions in the bill, but receive no benefits for those expenditures.


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Local news in the public interest is more important now than ever, during the COVID-19 crisis. Our reporters, as essential workers, are dedicated to keeping you informed, even though we’ve had to cancel fundraising events. Please give the gift of community journalism by donating at https://www.eastcountymedia.org/donate.