Los Angeles Times

Freelancer­s sue over California labor law

The labor law has also come under fire from tech companies and the trucking industry.

- By Suhauna Hussain

Rules limiting contract writers to 35 articles per outlet are unconstitu­tional, lawsuit alleges.

Organizati­ons representi­ng freelance journalist­s are mounting a legal challenge to a new California law that aims to rein in companies’ use of independen­t contractor­s by placing certain restrictio­ns on contract work.

Under the state’s landmark labor law AB 5, which goes into effect Jan. 1, news outlets can publish no more than 35 pieces a year from an individual freelance writer before that journalist must be classified as a part- or fulltime employee. Some freelancer­s worry publishers will let them go rather than convert them to employees — a designatio­n that guarantees some benefits and protection­s.

One day after Vox Media announced that it will cut hundreds of freelance writers living in California or covering California sports teams, two freelancer groups filed a lawsuit in federal court in Los Angeles alleging that AB 5 unconstitu­tionally restricts free speech and the media. The groups — the American Society of Journalist­s and Authors and the National Press Photograph­ers Assn. — are represente­d pro bono by the libertaria­n Pacific Legal Foundation.

“When AB 5 was signed into law, our members in California were understand­ably upset,” said Milton C. Toby, president of the American Society of Journalist­s and Authors, which represents 1,100 freelance writers nationwide, including about 120 in California. “Some companies are beginning to not hire or let go of California freelancer­s in anticipati­on of the law.”

Proponents of AB 5 say the law will reduce the number of workers wrongly labeled as independen­t contractor­s and thus denied benefits and protection­s. Assemblywo­man Lorena Gonzalez (D-San Diego), who wrote the law, tweeted that it’s “certainly not all bad” that Vox Media will create 20 part- or full-time positions to replace the freelancer­s it will cut.

The Los Angeles Times shifted about 30 contract workers to staff positions last year after a far-reaching California Supreme Court decision that set a standard assuming workers are employees if their jobs are central to a company’s core business or management directs the way their work is done. AB 5 codified that court decision.

Freelance writers and photograph­ers are not the only critics of the law.

Gig-economy companies such as Uber, Lyft and DoorDash launched a campaign against the legislatio­n, arguing that treating workers as employees would hobble them in California, one of their biggest U.S. markets, and set a precedent for other states to enact similar legislatio­n. The companies have said they will spend tens of millions of dollars on a ballot measure opposing the law if they are not able to carve out alternativ­e rules for drivers.

The California Trucking Assn. filed a lawsuit last month, arguing the new rules hurt their ability to provide trucking services, marking the first challenge to the law.

The Pacific Legal Foundation, which is representi­ng the writers and photograph­ers, has a history of defending employer interests, among other libertaria­n causes such as property rights, and has received funding from prominent conservati­ve donors including the Scaife family.

The Pacific Legal Foundation argues that putting a cap on the number of stories a journalist can write for a single publicatio­n is unfair because similar restrictio­ns aren’t placed on other industries, such as graphic design. “Such selective and unequal treatment among members of speaking profession­s violates the right to earn an honest living free from both irrational government interferen­ce and regulation based solely on the content of their speech,” a statement on the Pacific Legal Foundation website reads.

“The government cannot single out journalist­s,” Jim Manley, an attorney at the Pacific Legal Foundation, said in a statement.

Assemblywo­man Gonzalez noted the group’s track record in a statement: “First, it was the Endangered Species Act, then women on corporate boards, and now the Pacific Legal Foundation is attacking California’s landmark workplace rights law. That should come as no surprise to anyone.”

Steve Smith, spokesman for the California Labor Federation, which sponsored AB 5, said he hopes to see industry-specific fixes over the next year.

“We want to see companies do the right thing, and hire more journalist­s as employees, but we also recognize some companies are not going to do that,” Smith said. “Given the situation, we want to continue the discussion.”

 ?? Rich Pedroncell­i Associated Press ?? ASSEMBLYWO­MAN Lorena Gonzalez, author of AB 5, pointed to contractor­s who had been made employees.
Rich Pedroncell­i Associated Press ASSEMBLYWO­MAN Lorena Gonzalez, author of AB 5, pointed to contractor­s who had been made employees.

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