Tuesday, December 31, 2019

NY Times and LA Times cover California Freelancer law AB5 right before launch (Updated 1.3.20)

Also see January 2020 post that repeats info here and has updates:


Two articles today covering the infamous California Freelancer Law that launches Jan 1st.

NY Times  "California Wanted to Protect Uber Drivers. Now it May Hurt Freelancers." by Nellie Bowles and Noam Scheiber 12.31.19
https://www.nytimes.com/2019/12/31/technology/california-freelance-gig-workers.html?
Quotes:

"Vanessa McGrady, a writer in Los Angeles who runs a feminist clothing brand, planned to volunteer for Senator Elizabeth Warren’s presidential campaign next year. But then Ms. Warren endorsed A.B. 5. Now Ms. McGrady, who is anxious about how the law will affect her career, is conflicted.
“I feel so strongly that workers need protection,” Ms. McGrady said. “But this bill is killing cockroaches with a cannon.”....
Steve Smith, a spokesman for the California Labor Federation, which advised lawmakers on A.B. 5, conceded that the law was somewhat ambiguous in this area and that the State Legislature should clarify issues like this in the coming years.
“There are going to be unintended consequences with a law like this,” he said. “We want to do everything we can to make sure we’re addressing the right problems and not having any adverse effects on workers.”

LA Times "Uber, Postmaster Sue Over Gig Worker Law" by Johana Bhuiyan and Suhauna Hussain
https://www.latimes.com/business/technology/story/2019-12-30/uber-postmates-call-ab5-unconstitutional-new-lawsuit

Quotes:
"The allegation of equal protection violation arises from the large number of occupations exempted from AB 5 under heavy lobbying. The “laundry list of exemptions,” is proof of its “irrationality,” argue the plaintiffs.

In fact, they note, the bulk of the statute’s language is devoted to enumerating the types of jobs it doesn’t apply to, a list that includes direct salespeople, travel agents, grant writers, construction truck drivers and commercial fisherman. “There is no rhyme or reason to these nonsensical exemptions, and some are so ill-defined or entirely undefined that it is impossible to discern what they include or exclude,” reads the complaint. If the connection between a statute’s means and its goals is insufficiently straightforward, it can be invalidated on the grounds that it lacks “rational basis.”

Previous posts about AB5 here on the blog:
http://stuartngbooks.blogspot.com/2019/12/california-freelancer-law-ab5-summary.html
http://stuartngbooks.blogspot.com/2019/12/freelancer-law-ca-ab5-update.html
http://stuartngbooks.blogspot.com/2019/10/freelance-workers-in-ca-impacted-by-ab.html


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