{"id":1412,"date":"2020-01-15T14:48:36","date_gmt":"2020-01-15T14:48:36","guid":{"rendered":"https:\/\/www.ata-divisions.org\/PLD\/?p=1412"},"modified":"2020-01-17T18:11:53","modified_gmt":"2020-01-17T18:11:53","slug":"what-is-ab5-and-how-is-it-affecting-translators-and-interpreters-in-california","status":"publish","type":"post","link":"https:\/\/www.ata-divisions.org\/PLD\/2020\/01\/15\/what-is-ab5-and-how-is-it-affecting-translators-and-interpreters-in-california\/","title":{"rendered":"What is AB5, and how is it affecting translators and interpreters in California?"},"content":{"rendered":"

Rafa Lombardino<\/em><\/p>\n

California Assembly Bill # 5, or AB5 for short, came as a result of a court case that went to the Supreme Court of California involving Los Angeles County and Dynamex Operations West, Inc., a transportation and logistics company. The purpose of this bill was to classify workers\u2013mostly drivers\u2013as employees. Now, the burden of proof for classifying individuals as independent contractors falls on the hiring company. Considering that, AB5 gives workers a chance to be seen as employees and receive more labor protection, i.e., minimum wage, sick leave, unemployment benefits, and workers\u2019 compensation, which do not apply to independent contractors.<\/span><\/p>\n

ATA President on AB5: “It’s Not Just in California”<\/a><\/p>\n

AB5 was introduced by Assemblymember Lorena Gonzalez, endorsed by Governor Gavin Newsom, approved by the California State Senate, and signed into law in September 2019, taking effect on January 1st, 2020. The law is based on what is known as the ABC test, which was first established by the State of Massachusetts back in 2004. This is a three-part assessment to check if a worker was misclassified, and it\u2019s based on these three questions:<\/span><\/p>\n

(A) Is the individual free from direction and control under contract while performing a service?<\/span><\/p>\n

(B) Is the service performed outside the usual course of the employer\u2019s business?<\/span><\/p>\n

(C) Is the individual engaged in an independently established trade, occupation, profession, or business of the same nature as the service performed?\u00a0<\/span><\/p>\n

In a nutshell, this bill was first introduced with gig-economy workers in mind. In other words, it was all about drivers for apps like Uber and Lyft or delivery services like Grubhub, Postmates, or Amazon. Uber and Lyft already applied for an exemption, and they were both denied.<\/span><\/p>\n

Several businesses were granted an exemption because they successfully demonstrated that their independent contractors<\/span><\/p>\n