Posts tagged AB5
California: The Lost Report
April 1, 2025 // On December 3, 2020, almost a year after California’s freelance-busting law, Assembly Bill 5, went into effect, the California Advisory Committee to the U.S. Commission on Civil Rights was created to study AB5’s civil rights implications. The committee’s officially designated term ended December 4, 2024. There were hours and hours of testimony, much of it recorded on video. But the committee never issued a report based on all this testimony its members heard. Members of the committee say they were told that if they issued individual statements in the absence of any committee report, they would be failing to comply with the Federal Advisory Committee Act and the rules of the U.S. Commission on Civil Rights.
What was the impact of AB5 on California’s marginalized communities?
March 31, 2025 // Esther Hermida, a representative of the American Alliance of Professional Translators and Interpreters (AAPTI) testified about AB5’s impact on thousands of citizens in her industry comprised of 75 percent women. One professional translator, Ildiko Santana, reported she started her small business in 2000 as an immigrant and woman of color. She lost all 50 clients and all her income in 2020 when AB5 went into effect.
Independent Contracting in 2025
January 8, 2025 // Independent contractors forgo workplace benefits that employees receive. Portable benefits are a way to give them access to benefits untethered from employment with one employer.
COMMENTARY: Don’t Let the Teamsters Pick the Labor Secretary
November 20, 2024 // It’s not as though congressional Republicans don’t have an alternative. The Employee Rights Act would protect secret-ballot elections, independent contracting, and franchising and prohibit union intimidation and the collection of personal information, while continuing to allow states to enact right-to-work laws. It has 84 Republican co-sponsors, and the latest two were added within the last week. Yet rather than support that bill that would build on conservative labor-policy successes, Chavez-DeRemer was one of only three Republicans who supported the PRO Act instead.
Commentary: Plan B is Activated
November 19, 2024 // They are now turning to Plan B, which is sectoral organizing. And they notched a big win in the recent election with a ballot proposition in Massachusetts—a win that the mainstream media is heralding as a good thing. In fact, the same pro-union media bias that we saw with reclassification attempts such as Assembly Bill 5 and the PRO Act is simply resetting and restarting anew. Now, it’s being used to promote this other way of trying to limit self-employment.
With trucking at a crossroads, ATA’s Spear reminds industry what’s at stake
October 21, 2024 // The leader of trucking’s largest trade group says the industry won’t ‘roll over’ to ‘union thuggery’ and unrealistic politicians’ attempts to tear down the industry that drives the U.S. economy.
The Highest Stakes Commentary: Kim Kavin
October 16, 2024 // In this version of the ABC Test, Part B states that a person can only be a legally operating independent contractor if: The person performs work that is outside the usual course of the hiring entity’s business. That line has been an unmitigated income- and career-destroyer for Californians in more than 600 professions. It hit everyone from comedians who could no longer perform at comedy clubs to translators who could no longer provide translation services for translation companies to freelance writers who could no longer write articles for publishers. Owner-operator truckers are still battling in the courts and trying to explain how it could decimate the supply chain, with the threat of taking so many self-employed truckers off the road. The damage to people’s livelihoods was so significant that within a year—just one year—of AB5 going into effect:
Feeding the Kitty
September 30, 2024 // Unions have pursued shareholder resolutions asking for a “free and fair election process,” meaning card check and neutrality. They have also sought to pass resolutions demanding audits of a company’s labor practices. It’s not hard to see how a future resolution could explicitly try to prohibit companies from using independent contractors.
Harris Pushes Gig Workers, Contractors into Corporate Jobs with New Rule
September 25, 2024 // America already has too few people working. If the employment rate were the same as it was before the COVID-19 pandemic, 2.9 million more people would be working today. The last thing Americans need is another regulation that makes it harder to make a living and to afford the rising cost of living. Although the Biden-Harris regulation has only been in effect since March, and it’s too early to fully study its effects, the employment-to-population ratio dropped by 0.3 percentage points between March and July. This decline represents a loss of 700,000 workers.
Op-Ed: Painting the Targets
September 24, 2024 // I next went looking for data about union density—the percentage of employees in an industry who are union members—in New York and California. For New York City, Hofstra University’s Center for the Study of Labor and Democracy put together this report showing industries that have seen declines in union membership. About half of the industries line up with those listed on the independent-contractor complaint form: