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Assemblywoman Lorena Gonzalez. (Photo: Kevin Sanders for California Globe)

CA Senate Passes AB 5 Despite Pleas From Independent Businesses

Revealed in Senate testimony: AFL-CIO wrote AB5

By Katy Grimes, September 10, 2019 10:45 pm

‘This bill is the union caucus’ main event of the year.’


The California State Senate approved Assembly Bill 5 by Assemblywoman Lorena Gonzalez (D-San Diego) late on Tuesday evening, which most say will serve to significantly limit Californians’ ability to work as independent contractors. It was revealed during Senate debate that the AFL-CIO wrote AB 5.

Assembly Bill 5  by Assemblywoman Lorena Gonzalez (D-San Diego) could destroy California’s Gig economy if passed and signed into law. The Gig economy includes ride-share businesses like Uber and Lyft, and food delivery services Postmates and DoorDash – and apparently many more independent business groups.

Members of the California Senate Republican Caucus offered 11 different sets of amendments to AB 5 to provide exemptions for additional industries, responding to the many industries already exempted by Gonzalez’s bill: forestry, health care professionals, newspapers carriers and distributors, physical therapists, interpreters, translators, single truck owner-operators, non-profits, franchisors, franchisees, and design, excluded from AB 5.

However, Senate Democrats blocked every one of the amendment efforts.

Each of the Senate Republicans, and a few of Senate Democrats spoke against AB 5 warning it would destroy the businesses of small, independent business operators from many industries.

Of the 11 sets of amendments, all of which were defeated in a Senate rule game play by Sen. Robert Hertzberg (D-Los Angeles), who opposed each amendment through a motion to “lay the amendments on the table,” killing the Republican Senators’ amendment Senators expressed frustration with the lack of understanding or compassion for independent contractors.

“I opposed Assembly Bill 5 because it undermines the principle of equal treatment under the law and deprives many Californians the right to be their own bosses,” Sen. Patricia Bates (R-Laguna Niguel) said. “The bill’s Christmas tree of exemptions is a prime example of the Legislature picking winners and losers. Why should some people enjoy an exemption while others such as newspaper carriers and language interpreters and translators do not?”

“In regard to newspapers, one editorial quoted a former newspaper publisher in Mendocino County stating, ‘A newspaper is … the closest anyone will ever get to holding democracy in their hands.’ And the editorial then opined, ‘This bill (AB 5) threatens to rip that piece of democracy right out of our grip.’ I offered an amendment to fix this specific problem with AB 5. It’s unfortunate that Senate Democrats rejected it on a partisan vote.”

Sen. Steven Glazer (D-Orinda) said AB 5 “goes about the task in the wrong way. We should be writing rules to protect workers.” Glazer warned against regulating self-made business owners of any size.

Sen. Bates noted, “Editorial boards throughout the state, including the Orange County RegisterSan Diego Union-TribuneSacramento Bee, and San Jose Mercury News said AB 5 would endanger the newspaper industry. Senate Democrats rejected Senator Bates’ amendment. Under pressure to do something in order to gain enough votes for AB 5 to pass tonight, the Senate will consider Assembly Bill 170 (Gonzalez) later this week that will delay implementation of AB 5 for one year for newspaper carriers and distributors.”

Senators said AB 5 opens the door to targeting employers who use independent contractors legitimately, with lawsuits. “AB 5 is a way to force people out of careers they love,” Sen. Brian Dahle (R-Bieber) said. Dahle shared that his own business would be subjected to state disciplines under AB 5 because in his farming business he has his own independent trucking operation, as well as using other truckers. Dahle expressed frustration that few in the Senate seem to understand or even care that his business, and many others, would likely be targeted by state regulators if AB 5 passed.

Sen. Jeff Stone echoed the same, as a 30-year pharmacist who always dreamed of owing his own chain of pharmacies. Stone said he worked four jobs after graduate school until he was able to save the money necessary to open his first pharmacy, dreaming of the day he could build on that first one. He said he achieved he American dream because his parents and grandparents before him worked hard as well. Stone warned that AB 5 was “picking winners and losers,” rather than allowing the free market to decide.

“Two of the pharmacies I owned I unionized,” he said, noting the great benefits and wages were worth it. However, he warned that it was his decision to do this, in the best interest of his employees.

“This bill is the union caucuses’ main event of the year,” Sen. Stone said.

Following the Senate vote, Sen. Jim Nielsen (R-Tehama) said in a press release, “Along party lines, Sacramento Democrats ended millions of Californians’ ability to earn a living while working flexible hours that fit their schedules. Citing the support of groups that received special exemption from the legislation, Sacramento Democrats passed Assembly Bill 5, a measure to redefine the definition of “employee” and require millions of independent contractors to be classified as employees.”

“California has become a hostile place to do business,” Sen. Nielsen said. “Tonight, the Legislature turned this hostility toward millions of independent contractors. With the exception of a few professions, Assembly Bill 5 will restrict a worker’s ability to work flexible hours that fit their needs. The quality of life will change for many families who rely on the flexibility to tend to children and/or their elderly relatives. North state residents have loudly expressed their concerns.”

Senator Nielsen’s office reported they received 770 correspondences regarding AB 5 and only 33 supported this measure. AB 5 now moves back to the Assembly for concurrence, before heading to the Governor’s desk for his decision, and he is expected to sign it into law.,

Earlier this year, Senator Bates co-authored Senate Bill 238  with Sen. Shannon Grove (R-Bakersfield), that would have conformed California’s test for determining employment status for purposes of wage orders to the test established by the federal Fair Labor Standards Act. The Senate Labor, Public Employment and Retirement Committee killed SB 238 on a partisan vote on April 24, 2019.

AB 5 will be heard in the Assembly next.

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46 thoughts on “CA Senate Passes AB 5 Despite Pleas From Independent Businesses

  1. If CA voters keep electing these idiots ( and Gonzalez Fletcher is one of the biggest, dumbest ones) this is what you’re gonna get….

    1. Why in hades do these idiots keep voting D.. They are now killing off thousands of jobs that people need to get extra money.. It is ALL about getting Union dues to for politics and the democrats seem to have zero ideas or knowledge about economics.. People are fleeing Kaly in droves and taking their tax money with them and they just keep doing anything they can to impoverish them.. The VOTERS deserve what they get by their voting habits. thankfully, we left two years ago and are very happy without a wanna be dictator running the state. we moved to.. but the try here also..

  2. How many drunk drivers is this going to put back on our highways? How many are going to chose to drive drunk rather than hassel with trying to get a taxi? How many will die needlessly because of this decision by a bunch of union owned political hacks?

  3. This is how you build a dependent, enslaved workforce, a workforce that eventually becomes institutionalized, which then evolves into an unabashed socialist way of life. An institution not chosen by the people, but one forced upon them by legislation.

  4. Seems like CA wants to kill small businesses completely. The elected officials (D) no longer even try to mask their loyalties to the Labor Unions. This bill will decimate the state’s small business economy very rapidly. Another example of lawmakers making decisions they have no experience or no knowledge of business operations and how economics actually works. This will affect ALL franchise owners too. The franchisee purchases a brand, builds up their business and now they are suddenly an employee of the franchisor and not and independent owner at all. Sad, sad, sad.

  5. In a high minded attempt to eradicate poverty they fight against Jesus Christ. You cannot get rid of poverty. You will have the poor with you always. Some folks are ignorant of what they do. You cannot make all people work hard unless you re-institute slavery and that aint happening.

  6. AB5 is bad news for interpreters. I started my LLC business this year. I am paying $800 to the franchise tax board in addition to business federal and California taxes and all the other required taxes. As a business, I can deduct expenses like gas and home office. I have the flexibility to contract with several companies. If AB5 passes, I will lose my livelihood. I do not have enough of a volume from any one company to be hired. I am a skilled worker, and not a gig worker. I am paid more than munamum wage, and pay is not hourly, but rather for each assignment. If this passes, I will have to cancel my LLC and lose all my work. Many interpreters are in the same position. We should be excluded from AB5.

  7. I can’t believe that they passed this bill so fast .They did not even take the time to see how it will effect many independent contractors in the entertainment industry .Lets see how many more people they can drive out of this state . Way to go !! Every one should remember this when it comes time to vote in November .Lets get these people out of office !!!!!!!!!!!!

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