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In the run-up to the deadline, senators from the state of California introduced Tuesday night very restrictive legislation to limit the number of Californians classified as independent contractors. And after an intense lobbying campaign, lawmakers also made a last-minute deal that would soften the effects of this measure on the newspaper industry.
Senators approved Bill 5-29-11 of the Assembly 5 after two hours of debate, during which Singapore Government Senators tabled a dozen unsuccessful amendments that would have allowed them to vote. exempt certain truck drivers, physical therapists and other workers. The measure must still be adopted in the National Assembly before the end of the week, when the legislature adjourns for the year. Governor Gavin Newsom approved the bill.
"Today we determine the future of the Californian economy," said Senator Maria Elena Durazo (D-Los Angeles). "We can choose to become complicit in the exploitation of California workers or rebuild the working class and the middle class, protect taxpayers and help responsible businesses prosper in that state."
AB 5 would reshape California's employment practices by aligning the law with a California Supreme Court ruling of 2018 that dramatically increased the number of workers to whom benefits should be paid as entrepreneurs.
Opponents said the bill would hurt the millions of Californians who work as independent contractors and have the ability to set their own schedules.
"This legislature should not choose favorites, that is exactly what this legislation does," said Senate GOP Leader Bakersfield. "A single job test should not and can not apply to those Californians who depend on their income from independent employment contracts."
Since the author of the bill, Lorena Gonzalez (D-San Diego), introduced the measure at the beginning of the year, a parade of interest groups has called for special rules for their industries. Some have succeeded: insurance brokers and some real estate, marketing and arts professionals would remain subject to the rules in place prior to the 2018 court decision.
Gonzalez has resisted strong pressure from other companies, including Uber, Lyft, Postmates, Doordash and other companies in the economic sector, who have warned that this measure would upset the practices of their drivers. The industry has committed up to $ 90 million to a possible national initiative by 2020 to meet their demands for worker flexibility.
Late Tuesday late, separate legislation was passed to allow newspaper delivery drivers to postpone for one year. The professional group representing California newspapers asked lawmakers to exclude employee class delivery drivers, saying that this decision could further weaken the tax health of some publications. The management of the Los Angeles Times, along with the newspaper's editorial board, supported this effort, and a one-page ad calling for changes to the law was published in the newspaper on Tuesday.
Gonzalez said in a statement that she agreed with the changes "because of requests made in the Senate".
"Although I personally do not agree with this delay, I am, however, prepared to allow the press sector another year to comply if it means that these deliverers and nearly a million poorly classified workers benefit from this delay. of the minimum wage, benefits and rights of the workplace of Bill 5., said Gonzalez.
This complementary measure, Bill 170, must also be passed by both Houses of the Legislative Assembly no later than September 13.
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