Assemblyman Kevin Kiley led the Repeal AB5 rally at the State Capitol. (Photo: Katy Grimes for California Globe)
Assemblyman Kevin Kiley to Initiate Vote on Bill to Temporarily Suspend AB 5
Even the author of AB 5 recognizes the law is destroying lives
By Katy Grimes, February 18, 2020 11:35 am
‘AB 5 is destroying lives every day,” Kiley said. “We cannot wait any longer to stop the bleeding.’
~Assemblyman Kevin Kiley
The Legislative Analyst’s Office estimates that AB 5 has already affected more than 1 million independent contractor and freelance working Californians. Assemblyman Kevin Kiley (R-Rocklin) has been compiling a book of AB 5 stories of independent contractors who have lost their jobs because of the poorly crafted bill.
On February 27, Assemblyman Kevin Kiley (R-Rocklin) will initiate a Floor Vote on Assembly Bill 1928, an urgency measure to suspend AB 5 while corrective legislation is under consideration.
“AB 5 is destroying lives every day,” Kiley said in a statement. “We cannot wait any longer to stop the bleeding.”
On January 28, Kiley and many other lawmakers held a rally to Repeal AB 5 at the State Capitol. Hundreds of independent contractors and freelance workers attended the rally.
“Governor Newsom: we are here today to tell you that your vision cannot be reality as long as AB 5 is on the books,” Assemblyman Kiley said at the rally. “Governor, your own former deputy chief of staff called AB 5 ‘one of the most destructive pieces of legislation in the last 20 years.’”
Assembly Bill 5 by former labor leader Assemblywoman Lorena Gonzalez (D-San Diego), has already significantly limited Californians’ ability to work as independent contractors and freelancers. It was revealed during Senate debate in September that the AFL-CIO wrote AB 5.
AB 5 randomly limits freelance writers and photographers to 35 submissions annually per media outlet, and will serve to significantly limit Californians’ ability to work as independent contractors and freelancers. It was revealed during Senate debate in September that the AFL-CIO wrote AB5.
Most recently, AB 1850, authored by AB 5 backer Assemblywoman Lorena Gonzalez (D-San Diego), would exempt freelance and independent contractor writers and photographers and remove the controversial ’35 content submissions a year’ rule, California Globe reported. Assemblywoman Gonzalez and other lawmakers had been considering such changes since December of last year, before AB 5 was even law.
“After truckers were found to be exempt by California courts in early January, journalists introduced more tactics for an AB 5 overturn. While their lawsuit was denied by a judge, a looming hearing on the request in March as well as a ballot measure overturning AB 5 and a Senate Bill that would overturn AB 5 known as SB 868 becoming active a few weeks ago have kept pressure on lawmakers to grant freelance journalists an exception.”
Assemblywoman Gonzalez’s corrective legislation, AB 1850, is not the only bill addressing the harm caused by AB 5. Over the next several months, the Legislature will consider at least 30 bills changing or removing aspects of the law, including a root-and-branch overhaul by Democrat Senator Cathleen Galgiani.
AB 1928 Urgency Measure
Kiley reported: Urgency measures like AB 1928 take effect immediately and are customarily given expedited consideration. An expedited vote is especially appropriate here given that:
- the bill would simply restore the prior state of the law from less than two years ago;
- the issues presented have already been extensively considered in both Assembly and Senate policy committees;
- a suspension would function as a stopgap measure as legislators try to craft a more workable law through the committee process.
More than 150 professions are impacted by AB5, “hardly an industry or trade is unscathed,” Kiley said. “This is what happens when humanist values give way to brute political force.”
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Glad Kevin Kiley is doing this and may it succeed. It certainly is urgent. Hope it won’t be temporary though. A lot of destruction because of this thing. All unnecessary. And seems we’re hearing about more destruction with each day that passes.
Just now wrote to my state assemblyman, who is a Democrat, urging him to vote YES to suspend AB 5 on February 27. Will also give a call to his office later. AB 5 has been a nonpartisan job killer, so destructive, and if everyone contacts his or her Assembly member, even if that person is a Democrat, it will make a difference.
AB5 is unconstitutional by design, arbitrarily carving out exemptions for various groups that have lobby power like lawyers, doctors, and financial professionals. Then the random cap on journalists and photographers, only to be carved out again. It’s a sloppy and horrible mess that has already cost millions of dollars to independent professionals and small businesses alike. Who will reimburse them? Where will the jobs come from thousands who were told they could no longer be hired for fear of retaliation and enforcement? IC’s pay self-employment tax, so there’s still tax revenue from IC workers. Technology is here to stay and the public votes with their wallet when they want to drive or do side work or rent their spare bedrooms. It’s our inalienable right to prosperity!!
My wife Monica came here from Brazil 20 years ago. She became a citizen. She studied and become a massage therapist. Learning medical terminology, body mechanics, ethics, anatomy and physiology.
After many year of practice she had an injury then she became an instructor. She taught mostly enter city kids just out of high school. Do to government cut back they laid off her teaching job. Most of her students came from gang environment. She not only taught them the massage principles she taught them how to promote themselves and many got job before graduation. Just before she was laid off she was voted most inspirational teacher, not only in her department but other students voted for her also. Even after all these years some of her students contact her to either thank her for the push and caring she gave them, so still ask her for advice.
Shortly after her lay of she became a Portuguese translator. She was able to work from home which is good for the environment. For 7 years her income was over three times what the minimum wage in California is. As an independent contractor she just lost her job to another government bill. AB 5 She’ll be 61 in July 4th and it seems no one with give her a job do to the requirements to AB 5
Not in CA. The unions and their bought and paid for politicians gave themselves the right to prosper, not you my friend.
The incredible damage done by this piece of legislation can’t even be measured. I have so many friends who made a good living as musicians and performers. Every one of them have lost work due to this bill. Performances and theatre projects have been canceled; it’s madness. I only hope the damage will be undone.
As a full-time working musician in So Cal over the last 30 years I can tell you that this AB5 madness, if upheld, will kill my ability to provide for my family, and will destroy the live entertainment business here in San Diego, LA, and statewide. Our current margins are so skinny in many cases as many nights the dishwashers are going home with more money in their pockets than we are, depending on tips of course. Emergency measure AB1928 sounds like the medicine this situation warrants.
Does everyone here know who “The Wrecking Crew” is? If you don’t, take a look at the documentary about them; it is extremely interesting and worthwhile. Anyway, they were a group of very talented session musicians who were paid by the “gig” to play their instruments (anonymously at the time) on hundreds of pop music hits, mostly in the 60s, all of which hits would be immediately recognized by anyone who listened to the radio then (or even now). It could be argued that their talents for improvisation MADE the songs hits. E.g., The Beach Boys, Sonny and Cher, Mamas and Papas, all of the Phil Spector “Wall of Sound” stuff, Frank Sinatra, many “one-hit wonders,” etc. You get the idea.
The point is that NONE OF THEM would have been able to do what they did if AB5 had been around then.
Was just a minimum wage independent contractor working from home full time, making my own hours and providing for my girlfriend and 3 year old as a homemaker while bringing in money. AB 5 passed and the company rightfully decided to just remove their California workers instead of giving them all benefits for unskilled work. The people Democrats are trying to give more power to are losing everything they had. I lost my job in October and haven’t been able to find any similar work whatsoever.
When Gavin Newsom took office he was asked by a reporter if “he was prepared to assume the mantle of adult in the room.” A moniker given to Jerry Brown during tenure as a result of his willingness to squash the most ridiculous, damaging bills to come of the Democrat controlled assembly. With his rubber stamp of AB5 he’s answered that question. Gavin has taken off this shoes and climbed into the jumpy house.
Please do away with AB5. It’s so stupid. No more independent contractors? I retired from federal court as a court and now they hire me to go back as a pro tem and help when some one is sick or on vacation. Thank you!!