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This California Law Is Ripping Away American Dreams. The Left Wants to Take It Nationwide.

Posted on Wednesday, July 22, 2020
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by Outside Contributor
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85 Comments

Fluent in English, Spanish, and sign language, Sophia Aguirre has worked as an interpreter for 30 years.

Whether it’s serving as a translator for video programs that enable the hearing-impaired to communicate by phone, or teaching American Sign Language to deaf children in their homes, Aguirre has helped countless Americans engage in daily life.

For them, there’s no question that her work is “essential.” But since January, Aguirre has struggled to maintain employment.

While COVID-19 hasn’t helped, the real obstacle is a new California law: Assembly Bill 5. The measure, signed by Gov. Gavin Newsom last year, is so notorious that in the Golden State, it’s known simply as “AB5.”

Despite mounting pushback in California, Democrats want to take it nationwide, passing the Protecting the Right to Organize Act—dubbed the PRO Act—through the U.S. House of Representatives earlier this year.

“AB5 will not only disrupt my life; it will destroy my life,” Aguirre said of the measure. “It will devastate me.”

Aguirre says that she’s never faced the “workers’ rights” issues that AB5 claims to fix. (Photo: Sophia Aguirre/IWF)

Since AB5 took effect in California on Jan. 1, Aguirre said, agencies have been hesitant to hire her for translating work. Uncertain of AB5’s new terms, companies now view independent contractors as a risk.

“Instead of being an asset to them, we’re a liability,” she said.

As a result, Aguirre’s income has been slashed.

The Story Behind AB5

In essence, AB5 requires companies to reclassify “gig” workers as full-time employees. It was designed to target the gig economy; specifically, companies such as Uber, Lyft, and DoorDash, which rely on thousands of independent contractors to provide their services. In exchange for flexible hours and the ability to come and go as they please, these workers forgo benefits such as health insurance, sick leave, and more.

Proponents of the measure argue that by severely regulating the type and scale of work independent contractors are allowed to perform, employers will be forced to hire them as full-time employees with benefits. However good the intentions were, in practice, AB5 has put independent contractors and small businesses out of work.

AB5 mandates three strict conditions that employers must meet in order to classify a worker as an independent contractor, rather than as an employee. One condition that has been particularly problematic for independent contractors requires that they perform “work that is outside the usual course of the hiring entity’s business.”

That means that if Aguirre is acting as an interpreter for more than a few hours at a company that enables people with hearing disabilities to communicate over the phone, she now must be fully employed by that company instead of being an independent contractor who can set her own hours.

In addition to hurting her pocketbook, the policy hurts Aguirre personally. A single mom with two sons, she values flexibility over benefits or a salaried paycheck. Like many Californians, she’s an independent contractor by choice.

Taking Away a Yogi’s Flexibility

A traditional 9-to-5 job also never made sense for 54-year-old Jennifer O’Connell. A writer, yoga instructor, and career-reinvention coach, she prefers taking on an assortment of projects, rather than just one.

“It didn’t matter what time I did work, because I was talking to schools across the world,” she said. “That allowed me flexibility during my day to go teach my regular [yoga] classes for my part-time W-2 job and then come back and maybe work on an article, do interviews, or work on yoga certifications.”

Jennifer O’Connell says because of AB5, her life has been drastically altered. (Photo: O’Connell/IWF)

Because of AB5, O’Connell said gyms and yoga studios can no longer hire her for occasional anatomy lectures anymore.

“They are moving training online, and that affects people like me who would go around and do lectures,” she said. “The small mom-and-pop studios aren’t going to open their doors again.”

The implications for O’Connell’s career have been so bad that she and her husband briefly considered leaving the state. But instead of leaving, O’Connell is fighting back, hoping that lawmakers and the constituents who vote for them hear her story and finally listen.

“Hopefully, the temperature of the electorate is very much tired of this kind of stuff,” she said. “If we stay loud and vocal, it could very well turn the presidential election, or at least influence it.”

A Writer’s Lost Dreams

JoBeth McDaniel doesn’t know O’Connell or Aguirre, but she can identify with their stories. A California freelance writer, McDaniel has enjoyed the perks of working for herself, since it helped pay her way through college in the 1980s. Her byline has been published in Life, AARP Magazine, Hearst Magazines, The New York Times, USA Today, and more.

In pursuing a career as an independent contractor, McDaniel creates and manages her own schedule, and avoids a three-hour commute in busy Los Angeles County. She doesn’t have to request time off for the doctor, to take a vacation, or when she wanted to care for her dying father. Traditional benefits aren’t something she wants or needs.

“There are all these very adult decisions that are at play when you freelance,” McDaniel said. “AB5 pretends that the state knows better than we do in making those decisions.”

As a journalist, McDaniel has been vocal in her opposition to AB5. But journalists, she says, “are just the tip of the iceberg.” (Photo: McDaniel/IWF)

In addition to limiting the amount of writing freelance workers can publish, AB5 brought McDaniel’s passion project to a grinding halt. For years, she’s been working on a book and wanted to produce an accompanying podcast. She paid for podcast training and was prepared to hire independent contractors to help produce and edit her work, but after consulting with lawyers and people in the industry, she concluded that because of AB5, “I just can’t do it right now. The risks are too high.”

That not only leaves McDaniel out of work, but also the contractors she wanted to hire.

“I just stopped all of it,” she says. “It was heartbreaking. I had put so much time into it.”

The Lasting Effects

AB5’s impacts don’t stop there. The measure has hit a variety of occupations: videographers, handymen, musicians, truckers, computer coders, and more. As part of the Chasing Work campaign, the Independent Women’s Forum is highlighting the diverse ways workers are being hurt.

For Aguirre, AB5 will “place me in a different social-economic status,” she said. And that’s not to mention the impact it will have on all those she helps.

O’Connell said that if AB5 isn’t repealed, she’ll lose her flexibility and choice. “They don’t want people having vocational and economic freedom,” she said. “They want you chained to the union. They want to make everyone a class of workers tied to the system.”

For McDaniel, AB5 is taking away her ability to work for herself. It’s “anti-American,” she said. “Self-employment is the American way.”

An estimated 36% of U.S. workers are involved in the gig economy, the vast majority by choice. With an economy now struggling because of COVID-19, the ability to work is more important than ever.

Instead of squeezing workers from the economy, politicians and lawmakers should do the opposite; namely, pursue policies that give Americans more choice, more flexibility, and more opportunities to work.

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Pat R
Pat R
3 years ago

Wonder if AB5 is intended to aid illegals to get benefits they aren’t entitled to — because they’re ILLEGAL. Would definitely fit Calif, as well as all Democrats’ aim to buy votes.

Edward T Curtis
Edward T Curtis
3 years ago

Of course, not only the state of California wants to eliminate self employed, unions would love it too. Both of those entities thrive on people being de-
pendent on them. Democrats and Unions are synonymous in their desire to make people dependent on them. That makes the dream of absolute power a possibility. Once you have power over enough people whether it is “Entitlements” from the government or Unions demanding unrealistic perks from employers. Once they have the peoples backing they are able to pass any legislation that erodes the citizen’s individuality – and the citizen will never see it coming.
 
I used to be proud to say I lived in the state of California; Now I just say, “I am so glad I am no longer living in the once great state of California that is now looking like third world countries in many areas.

Willie
Willie
3 years ago

I guess that means movie stars will not be making anymore movies and the tv shows they are own will have to stop . Movie stars are not working for a company they work for there self.

Dr. Tact
Dr. Tact
3 years ago

 

Kenneth Guay
Kenneth Guay
3 years ago

If I don’t like a movie I will get up and walk out. Time to move but leave any liberal thoughts and actions there.

Judi
Judi
3 years ago

If they can’t get a Sanders (remember Bernie?) or AOC (barely out of a Pampers) to run the country, the folks behind this will try to get socialism in state by state.

MFG
MFG
3 years ago

I am a retail merchandiser. I work for numerous companies that supply specialized labor for retailers. I get to choose who to work for, where to work, and so much more. If this type of legislation went nation wide, this whole industry would be shut down. I would have no work at all. My fall back, computer consulting, seems like it would be equally as hard hit. Turns out there is a federal minimum wage for contract programmers. It has lead to so much off shoring that guys like me have been forced to leave the profession. Why do these politicians think they are helping us? Why?

Linda
Linda
3 years ago

If an employee and an employer agree on the arrangements (benefits or not, etc.), in the beginning, leave it up to them. GET THE GOVERNMENT OF CA OUT OF THE PLAN.

jim
jim
3 years ago

these democrat governors and mayors have done and are doing more harm to the cities and states… only HOPE VOTE them out !

Jeanette Fenton
Jeanette Fenton
3 years ago

It seems they just need to set up a business, get a business license etc. to be ok. Before you didn’t need to be a business, just an independent but now you should be licensed as a company – doesn’t matter if you’re a sole proprietor, only that you are a business.

JRB
JRB
3 years ago

You get the point. The Democrat Marxists don’t care about you they want to control every aspect of your life and own your soul. Oh, I forgot. Marxists are atheists and therefore do not believe you have one.

Bill Brown
Bill Brown
3 years ago

The Democrat Part is being funded by the “One World Government”!!  Stand-up for America!!  Remove Every Democrat!!!!!

Bill Brown
Bill Brown
3 years ago

Anyone watching CNN, MSNBC, ABC, CBS, NBC National News and Local News, are being BRAINWASHED!!!  Almost nothing but LIES, DECEIT, and PROPOGANDA!!  Includes almost half of FOX News Broadcasts.  Turn-off Mainstream News!!!!!

Bill Brown
Bill Brown
3 years ago

IF YOU LOVE YOUR CHILDREN, find an alternative to Public Education.  It destroys individual thinking!!  Charter and Parochial Schools can be OK but Home Education is best although it may require lifestyle changes.  EACH OF US MUST CHOOSE!  “IF YOU LOVE YOUR CHILDREN…”

Bill Brown
Bill Brown
3 years ago

Become a Counter-Revolutionary!  Demand Authority ENFORCE OUR LAWS!!  Stand-up for America!!  Remove Every Democrat!!!!!

Bill Brown
Bill Brown
3 years ago

The Democrat Party is Communist!  Stand-up for America!!  Remove Every Democrat!!!!!

gin
gin
3 years ago

I live in CA, and am so sure we have both undocumented people voting and other voter fraud to the point it is impossible to get the state back to a right side position.

PAUL KNOWLES
PAUL KNOWLES
3 years ago

This is all about Unions. The liberal Democrats in CA – want them counted as employees so the Unions can unionize them for union dues – so the Union can then send money to the Democrats in the state government of California. CA should get out of the United States – they are a negative drag on tax dollars anyway. And about 30% of their population is illegal aliens anyway. Mexico is moving to California – person by person. The President, while on a visit to CA late last year was asked why was he visiting CA — his reply –“so I can be near my people”.

Larry Peterson
Larry Peterson
3 years ago

This is nothing short of more socialist crap. California is pushing the collective mentality beyond recognition.

Dino Deplorable
Dino Deplorable
3 years ago

Of course its from kalifornia and the desk of gaffy nitwit,will those slugs ever learn.

Donald
Donald
3 years ago

I wonder who the people complaining about AB5 voted for.

Dave
Dave
3 years ago

“Hopefully, the temperature of the electorate is very much tired of this kind of stuff,” she said. “If we stay loud and vocal, it could very well turn the presidential election, or at least influence it.”
 
This is part of the problem. This has nothing to do with a national election. This has everything to do with State elections. A lot of people don’t seem to understand this basic concept.
 
If you hate The United States of America, vote for Democrats.
 
If you hate the State of California, vote for Democrats. (And a vote for California Democrats is a vote FOR AB5.)

Mike IN LOONEY LAND
Mike IN LOONEY LAND
3 years ago

THIS CLOWN ( being kind ) cares only! for Votes/paycheck/benefits/power/and himself.
UNIONS!! just a huge cashCow. Supports DEMS and takes what is not theirs by force or else.

Peter K
Peter K
3 years ago

After reading all the comments I am astounded that people are surprised by anything that happens in California. That being said, “elections have consequences” and California is either far left or welfare dependent. For some hard to explain reason, the electorate continues to trust the untrustworthy and refuses to give any outsider an opportunity to make a difference. Californians persist in their mistaken belief that Democrats have the answer and it is only getting worse and they continue to vote for them year after year. I wish them continued angst. Most people know what kind of person does the same thing over and over expecting a different result.

Lorey
Lorey
3 years ago

Thats what u get 4 voting Democrat
They say they r 4 u but like a snake in the grass sooner or later they will bite u

Jerald
Jerald
3 years ago

 

Ed J
Ed J
3 years ago

Welcome to the Peoples Republic of alifornia (located here on the Left Coast), where the motto of the State should be (if not already is), “We will always seek to pass all legislation that is 180º opposite of what we should truly be doing to actually benefit the people.” This AB5 legislation should be rated as the lowest order of “brain farts” to come along in a long while.

The alifornia Demsheviks truly believe that you can put out a fire if you only douse it with enough gasoline, and they have been lining up in droves to form “bucket brigades” (gasoline buckets, of course) to assist in their misguided dystopian efforts to “help” all of the Deplorables under their elitist noses. Yes, we have a bumper crop of fools and blooming idiots in control out here in alifornia, where the inmates are running the asylum of our State. Unfortunately, this bumper crop of fools has reached the level of an extreme infestation. A personal dose of COVID-19 for each libtard is probably the only practical solution to our Orwellian dilemma.

Shoe
Shoe
3 years ago

It is another key step to socialism. First you take control of people’s healthcare (Obamacare), then you take control of their finances. Independent contractors and the self-employed are the enemy of socialism as they are much more difficult to control. If you make everyone an employee, then the government can tell corporations how their employees must act. The last step is to take away guns. CA is well on its way as you can’t even buy ammo in the State without a background check.
I should go back and say that 1st you have to make people stupid – but CA already achieved that with a unionized school teacher staff that has been an absolute waste of $50 billion per year (YES – that is with a B).
CA’s tech industry desperately needs H-1 visas to bring math and science people from China, India, & Europe because CA graduates very few kids that know math and science.

Don Pierce
Don Pierce
3 years ago

This reminds me of the old movies where the bad guys control the town, where are Gene Autry, Durango Kid, and all the other law men who used to save the people ? We have met the enemy and it is us.

WRS
WRS
3 years ago

While I realize some of these folks don’t want to leave California, there is really not option. Get out.

Bob
Bob
3 years ago

AB 5 was proposed and signed into law without the lawmakers doing any research.
Most people who are independent contractors want to be independent ! They never got a say in the matter.
Also, there was no consideration for people like independent truckers, who haul goods across state lines.
Many drivers were going to miss out on revenue because they couldn’t go into California.
This is a bad idea that needs to get unwound.

Daniel
Daniel
3 years ago

Typical socialist move, control the people and force them into a situation they did not choose.

Chuck
Chuck
3 years ago

People know best. Politicians do not. Dems out in 2020. America in!

Jane CA
Jane CA
3 years ago

Wait till Hollyweird gets wind of this ! They don’t mind infringing on my rights , but this will also negatively effect them! Ha Ha you idiots!

Michael l Javick
Michael l Javick
3 years ago

Silent majority ARISE !

Lonnie
Lonnie
3 years ago

As a musician, I can add that this law has also made it very difficult for musicians to find freelance gigs. As is COVID-19 wasn’t bad enough, even before that appeared AB5 has been deterring many venues from hiring live musicians or bands if they are independent contractors. The law was ill-conceived, very poorly crafted, and is definitely a major detriment to the economy (as if California didn’t already have enough ways of driving people and business out of the state and into friendlier environs). It is questionable whether it can even be fixed without scrapping it entirely, which most people here prefer.

CATHERINE HORNSEY
CATHERINE HORNSEY
3 years ago

But, But it is for their own good, We know better than they do, the government must take over your life, Tell you what is best for you to think, how to think and where and how to live. The government will tell you what to eat, drink; where to live, when to bathe, how much water to use, what brand of soap, or whether you need to use soap. Nothing is required on your part except give us all your money, all your power, all your liberty and freedom.

Kim
Kim
3 years ago

JoBeth McDaniel echoes my thoughts exactly: “AB5 pretends that the state knows better than we do in making those decisions.” As usual, the state wants to run business from the top down. Big mistake. It’s all about control with the leftists–more taxes, more regulations, more involvement with lobbyists and unions, and less freedom for individuals to determine their own paths.
 
Limit, control, suppress. Aren’t we sick of this by now?

charliearlie
charliearlie
3 years ago

“Governor” Newscum is a scumbucket.

Morty Tupperman
Morty Tupperman
3 years ago

When will this “trickle down” to gardeners and the day laborers? Never.

Dennis mahood
Dennis mahood
3 years ago

Get ready because if Biden wins your next president will be from California and your VP will be from California Harris and Pelosi , cause Biden won’t last a day.

Emily
Emily
3 years ago

California doesn’t belong here. Let’s give it to Mexico. If a state can secede from the union, can’t the union secede, or kick out, a traitorous state? They act like a country of their own, not abiding by the norm of the rest of our country. Let’s cut them out like a brown spot on a banana.

Fairfield54
Fairfield54
3 years ago

Our time is not the days of Upton Sinclair. Americans can make their own choices. Government does not know best. Long Live Capitalism!

John A. Fallon
John A. Fallon
3 years ago

Big brother knows what is best for you, welcome to 1984, Orwell got everything right but the time frame, he forgot to take into consideration LAWYERS need to drag things out, the longer they make a “case” last the more money they make, without reguard to who gets hurt. Lawyers are dems and they should NOT be allowed to be lawmakers, big time conflict of interest. We need more WORKING people to represent us to level the playing field and get AMERICA BACK. PRESIDENT TRUMP is the perfect example, he is NOT a politician, look what he accomplished in his first term, he has done more for the people than pelosi, biden, schiff, nadler,”chuckie” and all the rest in thier entire carreers, decades of nothing.

Dee
Dee
3 years ago

part of Ca. wanted to become another state. That wasn’t that long ago this was happening. it was getting so bad out there, they couldn’t take it anymore then the virus appeared. this law is ridiculous. We have loads of independent workers, some own their own company, some work for others.

Dr. Cissero
Dr. Cissero
3 years ago

There are no independent citizens in a Totalitarian State, just ask Joe Stalin and the dizzy fools who control California. You must be part of the Commune. How dare you think you can be independent in the Bolshevik state of California, “the Ghoulish state” where the gold has long turned to dross.
 
 

DBM
DBM
3 years ago

Make no mistake about it. The Dems are in bed with the unions! Eliminating independent contractors, Uber, etc are what the unions want so everyone will have to join a union. Get a right to work law passed.

Dr. G
Dr. G
3 years ago

If you shake the country, all of the Nuts rattle down into California. That’s why we “went sane” and fled the mayhem for greener pastures!

carol
carol
3 years ago

This is setting up workers that are becoming more independent as technology keeps changing. The powers that be, whether union or government, can’t control free independent prosperous educated people so make it impossible to get out of government control! This HAS to be unconstitutional since this is depriving those workers of their right to pursue happiness! Any Constitutional scholars out there that can comment on this?

Press ONE for English
Press ONE for English
3 years ago

“…has worked…for 30 years.”
 
Clearly a racist. Don’t take my word for it, no less an august institution than the Smithsonian tells us so.
 
Seriously, The whole idea here is to get workers organized into trade unions that government can plunder and use to guarantee the re-election of every left wing candidate, no matter how awful.
 
And this will cause these people to organize, as they have unique needs and expectations that cannot be met by typical wage slave jobs. The article tells us as much. This will inevitably lead to conflict with employers, and that will lead to unionization.
 
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