AB 5 author proposes more exemptions from the employee classification law

Specialized teachers, some translators, small business owners, and music industry professionals are among the workers who may be subject to less strict applications of Assembly Bill 5 next year, said Assemblywoman Lorena Gonzalez, author of the bill that automatically classifies workers as employees unless they pass a three-pronged test.

Gonzalez's proposed amendments for how the law applies to musicians in particular will hopefully "come to some conclusion in the next few weeks," she said in an interview last week, noting workers in many industries have approached her office seeking exemptions to AB 5.

"We're doing the due diligence as people approach us," she said. "Some of them will work out, some won't."

Senate Republican Leader Shannon Grove, who introduced a legislative package of exemption bills in addition to a repeal and replace bill in February, said in a statement Monday, "For the freelance economy to thrive, AB 5 must be repealed and replaced with a test that is fair for all independent contractors and protects business-to-business relationships."

"The current contracting model under AB 5 which crushes many professions just doesn't work," she added.

Gonzalez announced proposed amendments to how the bill applies to freelance journalists, writers and photographers last week, including removing the cap on the number of submissions these workers can provide a single employer before they qualify as an employee. Under AB 5, journalists, writers, and photographers may only work on 35 assignments for a single employer before the employer is required to classify them as an employee.

Last week's proposed changes were codified in AB 1850, the bill the assemblywoman introduced in January to "further clarify the application" of AB 5, and were added after consultations with workers who said many media employers "would simply not use California freelance writers or they would stop after 35 submissions," Gonzalez said.

The assemblywoman said she started meeting with media workers about their concerns before the American Society of Journalists filed its suit challenging AB 5 in December. American Society of Journalists and Authors v. Becerra, 19-CV10645 (C.D. Cal., filed Dec. 17, 2019).

Since AB 5 took effect Jan. 1, opposition to the law has come in the form of lawsuits as well as bills seeking to exempt certain industries, including pharmacists, musicians and app-based drivers.

-- Jessica Mach