Friday, December 27, 2019

Freelancers Fight Back Against AB5

The government of California announced California Assembly Bill 5 in early December. Targeting ride-share companies, AB5 aims to require employers to categorize workers as employees, rather than independent contractors. With their income on the line, freelancers are in a frenzy over the announcement. Freelance writer, Robert Kurzban, discusses how they're fighting back against AB5.


In last week’s blog post, I discussed the recently announced California Assembly Bill 5. Specifically, I represented the freelance writers across the nation whose livelihood will be jeopardized by this blatant attack on the gig economy. But with the battle lost, freelancers across multiple industries are rolling up their sleeves and fighting back. As far as freelancers are concerned, it isn’t over until it’s over!

California truckers, writers and photographers aren’t surrendering their freelance freedom without a fight. On November 12, 2019, the California Trucking Association responded to California Assembly Bill 5 with a federal lawsuit. The American Society of Journalists and Authors and the National Press Photographers Association followed suit with their own legal backlash against AB5 on December 17, 2019. Ride-sharing companies like Uber, Lyft, DoorDash and Instacart (the widely discussed principal targets of AB5) are also gearing up to fight back.

Each party affected by California Assembly Bill 5 is assembling at their own angle. Freelance writers and photographers are alleging that AB5 is unconstitutional. According to the freelancers and their representing legal team, the Bill violates the First Amendment of the U.S. Constitution. As a freelance writer myself, I respectfully agree with this stance. Although indirect in approach, AB5 most certainly impedes the freedom of the press notion entailed by the First Amendment. Left and right, freelance writers are being informed that they will no longer be able to contribute to the publications they’ve represented for years. Undoubtedly, this silences versatility by limiting voices from contributing to California news sources and publications as they once had.

With freelancers and other contractors devising their plans of attack, things are certainly heating up in regards to California Assembly Bill 5. Who will prevail? The people or their so-called representatives?

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