Posts tagged AB5

    The Way I Heard It with Mike Rowe; The Ballad of Tom Odom

    January 18, 2023 // Will Swaim, journalist and president of the California Policy Center, educates us on CA Assembly Bill 5 (AB5,) which seeks to turn independent contractors into employees, and how it’s negatively affecting 70,000+ independent California truckers; truckers like Tom Odom, who calls in from the road to let us know why he is A.) part of a class action lawsuit and B.) moving to Texas. Spoiler Alert: it’s because of AB5!

    How To Empower Millions of Independent Workers

    January 3, 2023 // Given millions of Americans' clear preference for independent work, and given the economic benefits of these arrangements, state and federal legislators should reduce the regulatory and tax burdens on both independent workers and gig platforms.

    A new try for unionization of legislative staff

    December 14, 2022 // It’s fair to say that Democrats would not have attained their immense majorities in the California Legislature – more than 75% of its 120 members – were it not for money and other resources from the state’s labor unions. In return, Democratic legislators have bent over backwards to help unions increase their memberships and expand members’ wages and benefits. Notable examples are the famous – or infamous – Assembly Bill 5, which tightly restricted employers’ use of contract workers, this year’s bill to make it easier for the United Farm Workers Union to win representation elections, legislation making child care and home health care workers employees so that they could become union members, and innumerable measures essentially mandating union labor in public and private construction projects. Assembly Bill 1

    Give Gig Workers A Real Break

    November 18, 2022 // Polling data also back the idea that most gig workers want to be gig workers. In “Independent Work,” Ilana Blumsack and Scott Lincicome cite a finding that about 90 percent of survey respondents “were happier in independent work than in traditional jobs.” Only 11 percent wanted to find full-time traditional employment.

    Assembly Bill 5 is still wreaking havoc in California and across the country

    October 24, 2022 // If you needed proof that AB 5 was a flawed piece of legislation from the very beginning, consider the fact that while the rules for who AB 5 applies to are a mere 325 words, they’re followed by almost 7,000 words worth of carveouts. While a 2020 Proposition which rolled back AB 5 with respect to app-based drivers was recently declared unconstitutional, other exceptions put in place by the legislature remain. As a result, politically-connected professions, like lawyers, doctors, and accountants are exempted from AB 5’s onerous requirements. Independent truckers, however, are not among these lucky carve outs, and the state is beginning to feel the consequences. Throughout the United States, approximately 350,000 truck drivers make a living as independent owner-operators—they own their own vehicles and haul loads as contractors for carriers.

    If You Like Your Uber, Can You Keep Your Uber?

    October 14, 2022 // Democratic administrations favor having fewer independent contractors and a standardized set of benefits. This gives more power to unions to organize workers. If Uber were the employer of all drivers, a union could ask Uber to support unionizing the labor force. It is practically impossible to organize independent contractors. Public sector unions made 90 percent of their contributions to Democratic candidates in the 2020 election cycle, according to OpenSecrets.com. With the share of wage and salary workers who belong to unions declining from 20 percent in 1983 to 10 percent in 2021, unions are under pressure to recruit more members to fund union officials’ salaries and member pension plans.

    How California’s AB5 Law Has Destroyed Women’s Livelihoods In The Freelance Transcription Profession

    September 12, 2022 // An unintended consequence of AB5 appears to be ageism. The freelance transcription profession is especially suited for seniors, so older transcritionists have been harshly affected. Teri Isveri, who runs a successful transcription company in Arizona, had to tell two of her 10-year associates that she could no longer use them once AB5 went into effect. One of them was in her 80s. “This law is crushing so many good people,” said Teri. “This woman was a lifelong Californian, veteran and elderly person who, because of AB5, now no longer has the small income she made. It was horrible to have to break her heart by letting her go.” Jessica Tucker, Kathy Lang, Melissa DeMuri, Debbie Gosselin, Teri Isveri, Anne Cherchian,

    UNION SPONSORED AB 5 HITS INDEPENDENT TRUCKERS

    August 24, 2022 // For a while, AB 5, passed in the fall of 2019, didn’t affect truckers. It affected plenty of other people in plenty of other lines of work, prompting belated carve outs by the legislature to expand the list of exempted professions. Passage of AB 5 even provoked the ride share industry, led by Uber and Lyft, to raise over $200 million to qualify and run an initiative campaign, Proposition 22, to repeal the portions of AB 5 that affected their businesses. After Prop. 22 was approved by voters in November, four “gig drivers,” backed up by the SEIU, successfully challenged Prop. 22 in court. That ruling is now being appealed by Uber before the 9th Circuit Court of Appeals. "business to business” exemption, Borello test, California Globe

    Californifying the U.S. Labor Market

    August 23, 2022 // The Biden administration came into office with a sweeping union agenda embodied in the PRO Act, which would have rewritten key elements of decades-old American labor law. Stymied in Congress, however, the administration now seems likely to impose at least one component of that legislation on the workplace through a Department of Labor rule that would narrow the definition of an independent contractor in ways similar to California’s controversial AB5 law. Doing so would likely upset employment policies and practices at a vast array of businesses nationwide, just as has happened in the Golden State, where freelancers lost work because companies couldn’t afford to employ them full-time and truckers recently shut down a port to protest efforts to end their independent status. In the post-Covid world, workers are seeking more flexibility in income-earning. The Biden administration’s effort, which views the independent contractor almost exclusively as an exploited worker denied the benefits of full employment, is a step backward for individual workers—but a gift to unions.

    Opinion: Amidst inflation, President Biden should refocus his efforts on expanding flexible work careers for Americans

    August 9, 2022 // Why is championing flexible work through reforms so important? Independent contractors make up a sizeable portion of the 59 million freelancers in the U.S. economy, employ tens of millions of additional workers under their contracts as small businesses, and are often the entrepreneurs that grow successful new businesses in communities. Modern Worker Empowerment Act, California Supreme Court