AB 5 Survives Repeal, But Some Local Freelancers Are Hopeful Changes Could Be Coming

California Assembly Bill AB 5 stands firmly in place after a motion by Assemblyman Kevin Kiley (R-Rockland), was voted down by the State Assembly Thursday morning, 50-15.

The bill codifies into law a landmark Supreme Court of California case which ruled most freelancer workers are actually employees and must be classified as such, dramatically restricting who can qualify as an independent contractor.

But the bill’s original author promised to make changes to the bill to protect some freelancers.

“Having heard additional feedback from a variety of freelance writers, photographers and journalists, we are making changes to Assembly Bill 5 that accommodate their needs and still proved protections from misclassification,” said Lorena Gonzalez (D-San Diego).

Freelance journalist Kathryn Ross whose work has appeared in Pasadena Now and the Pasadena Weekly criticized the AB5 on Thursday.

“The nature of my work has always been creative,” said Ross. “I’m a writer and author and often have to move around throughout the week to different appointments and gigs in different SoCal cities throughout the day that just wouldn’t be possible with an in-house position. Freelance writing helped me stay afloat throughout college and grad school by giving me a way to earn steady income while keeping a flexible schedule and it’s become a cornerstone of my career today. AB5 threatens my main source of income and puts me at a disadvantage with most companies simply because I live in California. I’m seriously concerned about how the law will change my work and daily life and I’m wary each time I get a new gig because I’m just not sure how long it’s going to last. It’s really thrown a wrench in my sense of job security.”

Kiley and Assemblywoman Melissa Melendez (R-Murrieta) co-authored AB 1928 as an urgency measure that would have returned the legal standard of what independent contracting was before AB 5 was enacted at the beginning of the year.

The duo felt that the State Legislature should suspend the changes that were made until there were further considerations made.

Kiley’s motion was largely rejected because of procedural issues and Gonzales suddenly announced that there were going to be changes made to AB 5 that she felt would make the bill more palatable by those affected.

After the vote squashed Kiley’s motion to repeal AB 5, Assemblywoman Gonzales took to Twitter to further express her feelings.

“When we passed #AB 5 last year, we acknowledged our work to provide clarity following the #Dynamex decision wasn’t done. After more than a year of meetings, fact-findings and discussions with freelance writers and journalists, we’re making changes…”

Soon after the vote, Assemblyman Kiley spoke to the press about his disappointment with the motion’s defeat.

“The Assembly consciously chose to keep enforcing a law that everyone, including the author, acknowledges has major problems and is destroying people’s lives. I’ve never been more ashamed of this legislative body.”