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No. The point of AB5 was to make freelancing illegal and capture independent contractors and reduce their choices for employment to be union or non-union employ
by CodeWriter23 6y ago
No. The point of AB5 was to make freelancing illegal and capture independent contractors and reduce their choices for employment to be union or non-union employees.
The author, in addition to being generously funded by the AFL-CIO, astutely granted an exception to professions that had the means to sue the state (doctors, lawyers, realty agents) and crushed over 400 other professions from freelance coder to hair stylist to forensic nurse to actors and stagehands receiving a stipend to perform in community theater.
AB5 is strongly anti-woman, more specifically, anti-mother, as many mothers choose to be yoga or pilates instructors or work a nail salon to gain extra revenue while having the flexibility time wise to shuttle their children to school and extracurriculars.
Not the least of which, people like us, if we live in California, we can’t be hired on a freelance basis to code or be cybersecurity tiger teams for tech companies because we would have a hand in the finished product. And thanks to a last minute amendment, changing “worker” to “person” (and Citizens United), we can’t even legally do it if incorporated. The FTB will come a knockin’ for the fines legislated by AB5, you can count on that.
AB5 is so convoluted, attorneys have only the one choice in advising clients: don’t hire freelancers from California. Because the law is so convoluted it will be necessarily refined in the court system. And lawyers need to defend their malpractice insurance, so they can only advise their clients to play it safe.
One final point. The core of AB5 is about 300 words. And thousands of words about who is exempt. What does that say about any law written in such a fashion. IMO, it means the law is specifically designed to choose winners and losers.
- JumpCrisscross 6y ago> The author, in addition to being generously funded by the AFL-CIO, astutely granted an exception to professions that had the means to sue the state (doctors, lawyers, realty agents) The lawmakers who wrote and voted for AB5 all had strong union connections. I support private-sector unions. But don’t forget: unions are high-margin and effective get-out-the-vote operations. The exempted professions have one thing in common: they aren’t union. The covered professions are either already unionised or a target market for conglomerate unions like the AFL-CIO.
- CodeWriter23 6y agoThough I've never been in a Union, I have historically supported my friends who are. But once they came after my job, well, now I am pro-right to work.