by Vicki Gonzalez, KCRA
Published February 12, 2020
Law re-categorizes independent contractors as employees
SACRAMENTO, Calif. —
A new labor law this year is creating confusion and concern among the arts community.
Assembly Bill 5 -- more commonly known as the “ride-share bill”-- offers new wages and benefits to workers at gig economies like Uber and Lyft by reclassifying them as employees instead of independent contractors.
But artists and art organizations believe the law is impacting their professional freedom and income.
“It just limits your availability, which ends up limiting your income,” artist Aurora Jimenez said. “I think they were mostly thinking of ride-share and truckers and things like that. But really, daily artist life is going to just be completely uprooted.”
Jimenez enjoys juggling a variety of creative jobs as a makeup artist, painter, producer, musician and actor. She joins other artists who prefer to be independent contractors.
“We can’t be like, ‘Hey homie, here’s $20 help me with this project,’ anymore. We have to be like ‘OK, you’re an official employee of mine for this project,’” Jimenez explained. “It just kind of puts us in this box that we are literally trying to break. We don’t want to be a part of the traditional lifestyle of a 9 to 5.”
Musician Jennifer Reason wrote a letter to lawmakers discouraging AB 5.
“On the surface, AB 5 goes after million-dollar conglomerates like Uber and Lyft. But it’s appallingly broad and irresponsibly unthought out language is actually accomplishing something far less laudable: the total decimation of live arts and culture in this state,” Reason wrote in the letter. “Musicians (artists, creatives) work under a unique business model. There is no overarching ‘Music Company’ with whom we are employed, particularly not a multimilllion-dollar one. In any given week, we teach lessons, sit in with various bands, record music, perform recitals, speak at schools, etc etc etc. We are the very epitome of independent contractors.”
The impact varies. Sacramento Ballet, for example, is unique in that its dancers and teachers are already employees with benefits. The company operates with roughly 30 full-time employees.
However, the impact to the company may come from “overhire” temporary workers, such as stagers and choreographers, who work as independent contractors.
“Every show will have a choreographer we will need to fly in -- probably from another state, that now may need to be an employee,” Sacramento Ballet Executive Director Anthony Krutzkamp said. “Now, I have to explain because we are different from every other state that they would have to come in and be employees.”
He added choreographers likely will prefer to remain as independent contractors.
“It’s a lot easier and a lot cleaner if that’s what you’re used to -- especially if you have an agent,” Krutzkamp explained. “That way they fly from state, to state, to state, they choreograph -- and then they get their check and they leave. It’s actually fairly easy and clean.”
Californians for the Arts advocates for organizations across the state and explained there is already a financial toll.
“For many of them, their operating costs have increased by 30 to 40 percent,” executive director Julie Baker said. “When you are already a nonprofit arts organization and already fragile due to the lack of investment in the arts statewide, we then are going to have repercussions from a law that is increasing our costs.”
The city of Sacramento doesn’t have a position on AB 5. However, it is working with California Lawyers for the Arts to host a March 31st workshop at the Sofia Theatre to help independent contractors and organizations understand AB 5.
But there is already a waitlist. CLA will provide an audiotape version, the city said.
“It’s just really confusing,” Jimenez said. “It’s like one of those things where you’re like, what now? How do I go forward from here?”
AB 5 author Assemblymember Lorena Gonzalez, D-San Diego, did not reply to KCRA 3 for comment by the time this story was posted.