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Thread: Judge Denies Freelancers’ Bid to Upend California Labor Law

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    Judge Denies Freelancers’ Bid to Upend California Labor Law

    Judge Denies Freelancers’ Bid to Upend California Labor Law

    I posted about this law when the freelance journalists realized the law covered them. California sold the bill by saying it targeted Uber and Lyft. In reality it targeted all freelance work. Many journalists, prefer freelance work- they write articles and sell them to numerous media sources. They are not employed by anyone, so they have to cover their own medical insurance, retirement, etc. But they chose to do this.

    No more. Of course they can simply move out of California. But Dementia Joe promised to get this law nationwide....

    A federal judge has denied a bid by freelance journalists and photographers to block parts of a California labor law designed to require gig-economy companies to offer employee status and benefits to their workers.

    The American Society of Journalists and Authors and National Press Photographers Association filed a federal lawsuit claiming Assembly Bill 5 unfairly caps the number of freelance submissions at 35 per year.

    The bill, which took effect in January, was crafted by lawmakers who seek to extend employee-status protections and benefits to independent workers who companies classify as contractors. Lawmakers said the intentional misclassification of workers has contributed to income inequality nationwide.But the organizations said forcing employers to extend benefits to freelancers – such as disability insurance, paid family leave and sick leave – will make it harder for freelancers to obtain stable employment.


    In a preliminary injunction motion, the groups argued the 35-piece cap was unfair and AB 5 would disadvantage freelancers by making their labor more expensive and thus less attractive to employers.


    Freelance journalists and photographers would also lose the flexibility of freelance status and, as employees, would lose ownership of copyrights to their work, the motion said.


    But U.S. District Judge Philip S. Gutierrez denied the request to block parts of AB 5 and dismissed the organizations’ lawsuit, writing in a pair of rulings issued March 20 that California succeeded in demonstrating its interest in extending labor protections to all workers.


    Gutierrez found AB 5 succeeds in its intent of drawing critical distinctions between different types of freelance work and that plaintiffs failed to show the law contradicted its intent or suggested favoritism to certain industries.
    The State will ensure that you have the protections of an employer-employee relationship whether you want one or not.
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    Quote Originally Posted by Peter1469 View Post
    Judge Denies Freelancers’ Bid to Upend California Labor Law

    I posted about this law when the freelance journalists realized the law covered them. California sold the bill by saying it targeted Uber and Lyft. In reality it targeted all freelance work. Many journalists, prefer freelance work- they write articles and sell them to numerous media sources. They are not employed by anyone, so they have to cover their own medical insurance, retirement, etc. But they chose to do this.

    No more. Of course they can simply move out of California. But Dementia Joe promised to get this law nationwide....



    The State will ensure that you have the protections of an employer-employee relationship whether you want one or not.
    all Hail the All-Knowing, All Wise and Benevolent government
    For waltky: http://quakes.globalincidentmap.com/
    "The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
    - Thucydides

    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote" B. Franklin
    Igitur qui desiderat pacem, praeparet bellum

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    Quote Originally Posted by stjames1_53 View Post
    all Hail the All-Knowing, All Wise and Benevolent government
    their ideas are so good they have to mandate them
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    I think it's pretty easy to see the distinction between one who sells photos/articles to multiple sources, and one who works only for Uber. If Uber is taking a cut from the drivers, then the drivers are employees. Especially if Uber sets the rates, etc.

    Freelancers are very different. Especially given that you don't need insurance to sell photos.

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    Quote Originally Posted by John Galt View Post
    I think it's pretty easy to see the distinction between one who sells photos/articles to multiple sources, and one who works only for Uber. If Uber is taking a cut from the drivers, then the drivers are employees. Especially if Uber sets the rates, etc.
    Freelancers are very different. Especially given that you don't need insurance to sell photos.
    Actually, you do need insurance to sell photos. Just not auto insurance.
    "I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations." -- James Madison

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    I have clients in California, so I went ahead and became an LLC a couple of months ago. The companies are allowed to contract with "businesses," just not individuals. New York is also thinking about passing a ridiculous bill like this. Organized labor is behind this.
    ""A government which robs Peter to pay Paul can always depend on the support of Paul" ~George Bernard Shaw

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    I am not commenting specifically on the full knowledge of what brought this challenge on or the intent of the judge but far too many people misuse the 1099 style employees. A contractor style employee was designed to use someone for services over the short term because the need was short term.
    This is abused too often with low wage employees who only work at one location to avoid employer owed payroll taxes, workman's comp, benefits.... If you want to find these people then look at your local gym, your landscaper and other jobs that both parties have no intention of being short term.
    The second abuse is people over 50 that become unemployed. People do not want to hire them because they are protected by age discrimination laws so they work as consultants for years for a single company as self-employed. This was a massive move of professionals after the Obama recession by people in their late 50s and early 60s that were not able to retire but also would not be considered for a job. They were suddenly in high demand as consultants. Many journalists are often contributors to only one media outlet and forced to sign no-compete contracts.

    The problem is that they will probably just lose their contracts and no be hired.

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    Damn funny!

    They can move out like everyone else has from that state. All you see are u hauls everywhere.

    Another state ran by by rich liberals that claim all teh decisions made are for the blue collar person.

    #whatever that ship sailed.
    Last edited by texan; 03-25-2020 at 03:14 PM.
    I am tired of everyone fighting with each other. This is all by design.

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    Quote Originally Posted by John Galt View Post
    I think it's pretty easy to see the distinction between one who sells photos/articles to multiple sources, and one who works only for Uber. If Uber is taking a cut from the drivers, then the drivers are employees. Especially if Uber sets the rates, etc.

    Freelancers are very different. Especially given that you don't need insurance to sell photos.
    California crafted their law to capture all freelancers. I assume attorneys wrote the law so exempted themselves.
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    Quote Originally Posted by FindersKeepers View Post
    I have clients in California, so I went ahead and became an LLC a couple of months ago. The companies are allowed to contract with "businesses," just not individuals. New York is also thinking about passing a ridiculous bill like this. Organized labor is behind this.
    Is LLC the best type of corporation for tax purposes? Do you avoid the double taxation?
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