Posts tagged AB5
U.S. Supreme Court won’t hear freelancers’ challenge to California employment law
June 29, 2022 // In 2020, California voters approved a ballot referendum exempting app-based transportation services such as Uber Technologies Inc and Lyft Inc from the scope of AB5. A state judge last year struck down the measure, saying it violated the state's workers' compensation law. An industry group's appeal is pending. The ASJA in its 2019 lawsuit claimed AB5 unreasonably blocks many freelance writers from being treated as independent contractors based on the content of their speech, while exempting similar work performed for marketing or artistic purposes. Samuel Siegel, California Department of Justice
Op-ed: ‘Translation Agencies Are Cancelling My Contracts’ — California’s AB5 Bill Starts to Bite
June 20, 2022 // In response to criticism from freelancers concerned about losing work, Assemblywoman Gonzalez stated on December 12, 2019, “These were never good jobs. No one has ever suggested that, even freelancers.” She later clarified: “I’m sorry if I shorthanded things they were expressed to me. All the freelancers I met with complained about the lack of standards on pay, timely pay, etc.” On December 17, 2019, the National Press Photographers Association (NPPA) and the American Society of Journalists and Authors (ASJA), represented by pro bono attorneys from the Pacific Legal Fund, filed a lawsuit against what they call AB5’s illegal discrimination against journalists. The suit comes on the heels of Vox Media’s December 16, 2019 announcement that the company would end contracts with approximately 200 freelance sports writers and editors due to AB5, replacing them with 20 new part-time and full-time. gig worker bill, interpreters, legal challenge, translators, Lorena Gonzalez, court and medical interpreter, Gloria M. Rivera, National Committee for Languages, Coalition of Practicing Translators and Interpreters of California, American Association of Language Specialists, Rae K. Farley, CART, Communication Access Realtime Translation, Renee Silverman, New Jersey’s Senate Labor Committee
CPC files amicus brief to protect Californians’ right to the ballot initiative
June 6, 2022 // AB 5’s backers, primarily union leaders and their allies in the state legislature, said gig workers would get health insurance, rest breaks, and other benefits afforded to employees under California state law. Those union leaders did not mention that those drivers would lose what’s arguably the most attractive feature in their bargain with Uber and Lyft: the freedom to determine their work schedules. Castellanos v. California, Lorena Gonzalez, Proposition 22, Judge Frank Roesch,
Strippers Turn to Unions After Litigation, Legislation Falter
June 3, 2022 // Ryan Carlson, CEO of Deja Vu Services Inc.—one of the largest strip club operators in the US—said seven of his clubs in California became unprofitable and were forced to close after being required to classify dancers as employees. Dancers at the remaining clubs only get part-time shifts, he said.
Opinion: Handcuffing Freelancers Is Bad For Economy And Small Business
June 3, 2022 // Addressing the increasing economic uncertainty, rising inflation, and declining consumer confidence requires a pro-growth economic response from Washington D.C. The right policy focuses on broad-based deregulation to reduce costs on businesses, encourage entrepreneurship, and incent greater economic activity
Employee Rights Act Would Protect Hardworking Latinos & Expand Freedom for All American Workers
May 9, 2022 // The LIBRE Initiative supports the ERA and its efforts at protecting American workers from anti-choice legislation like the PRO Act and ensuring that they have the flexibility to succeed in today’s rapidly evolving economy.
Commentary: One proposal to modernize labor laws would benefit women; another could set them back decades
May 5, 2022 // The PRO Act seeks to regress to the 1950s workplace that denied workers the flexibility needed to balance work/life demands. The ERA would preserve the gains women have made and provide important rights of autonomy, privacy, and opportunity for women and men alike.
Biden’s PRO Act is a covert tax hike on 7.7 million Americans
April 28, 2022 // The PRO Act has been one of Biden’s top priorities despite the fact that it has yet to move in the Senate. The PRO Act’s ABC test is a clear tax hike on millions of Americans, 96 percent of whom make less than $400,000 per year. If Biden is serious about upholding his tax pledge, a central part of his presidential campaign, he should kick the PRO Act and the ABC test to the curb.
Contesting the PRO Act’s Coercive Vision
April 1, 2022 // The Employee Rights Act presents a firm contrast with the vision outlined in the PRO Act and supported by Big Labor and its allies in Congress and the Biden administration. Where the PRO Act increases union financial coercion of workers to aid its political allies, the ERA reduces it. Where the PRO Act infringes on workers’ informed consent on union formation, the ERA protects it. Where the PRO Act limits worker privacy, the ERA expands it. Where the PRO Act fails to provide financial transparency and scrutiny in union operations, the ERA provides it. And where the PRO Act endorses Big Labor’s every-job-a-factory-job vision, the ERA promotes modern understandings of compensation and flexibility in working arrangements.