This legislative session, Assembly Republicans launched a new effort to overturn California’s labor law that classifies workers and independent contractors.
Usually simply called AB 5, the controversial law essentially codified a 2018 state Supreme Court ruling that designated when workers should be classified as employees and entitled to health benefits, minimum wage and other protections through the use of a three-pronged, ABC litmus test. The law was revised in 2020 to include certain exceptions, including some involving the news industry.
Sacramento Snapshot
Editor’s note: Sacramento Snapshot is a weekly series during the legislative session detailing what Orange County’s representatives in the Assembly and Senate are working on — from committee work to bill passages and more.
But Republicans say the labor law severely limits independent contractors in California and places unfair restrictions on certain jobs.
Standing in front of the California Labor and Workforce Development Agency in Sacramento last week, Republicans announced a new legislative effort, spearheaded by Assemblymember Kate Sanchez, R-Rancho Santa Margarita, that would repeal that three-pronged litmus test and nullify the Supreme Court’s decision in that 2018 Dynamex case.
“There are few things more representative of the American Dream than starting your own business or working for yourself. For far too many Californians, that dream was ripped away by the implementation of AB 5,” Sanchez said.
Her bill, AB 1928, was only just introduced last week and hasn’t been referred to a committee yet. Still, a full-on repeal of the labor law is considered to be a longshot, especially with a Democratic supermajority.
Assemblymember Kate Sanchez, R-Rancho Santa Margarita, talks about her plans to introduce legislation to repeal state limitations on contractors imposed by California’s AB 5 labor law in a press conference held in front of the CA Labor Agency on Tuesday, Jan. 23, 2024. (Courtesy of Dan Billings, Assembly Republican Caucus)
“The Democratic supermajority in the two houses are not going to approve such a measure,” said Chris Micheli, a veteran lobbyist in Sacramento. “With victory in the courts and the codification of the Dynamex decision and the so-called ABC test that was a top priority for the California Labor Federation, I can’t imagine that they’d acquiesce to such a measure.”
An easier route, Micheli offered, might be to try to add to the list of exemptions — like ridesharing apps Uber and Lyft did with a ballot measure in 2020.
The legislators’ event was held in tandem with Rep. Kevin Kiley, R-Rocklin, who is trying to block a federal effort to implement similar rules nationwide.
AB 5 was championed by former Assemblymember Lorena Gonzalez, D-San Diego, a labor leader in California, who said the idea was to protect workers.
“Today, we are disrupting the status quo and taking a bold step forward to rebuild our middle class and reshape the future of workers as we know it,” she said when AB 5 was signed into law. “As one of the strongest economies in the world, California is now setting the global standard for worker protections for other states and countries to follow.”
In other news
• Sen. Tom Umberg, D-Santa Ana, has newly introduced legislation that would put before voters a measure to enhance penalties for repeated drug dealing and retail theft offenders. The measure would also ensure rehabilitation measures are available and offered by courts or law enforcement when warranted.
• Sen. Catherine Blakespear, D-Encinitas, is spearheading legislation to ensure anyone who is in court can have access to a lactation room should they need to pump breast milk. The superior court already must provide employees such a space, but her bill would expand that mandate to include non-employees, such as a lawyer or juror.
• Vice President Kamala Harris was in Sacramento last week, part of several recent visits and fundraisers planned around the state, where she spoke to members of the California Legislative Democratic Caucus. According to the Sacramento Bee, Harris touted the Biden administration’s accomplishments and said the international community has concerns about another Trump presidency.
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