AB5 RESOURCES
What is AB5?
For a summary of AB5, information on how to determine if you or your business are affected, current exemptions that apply to artists, non-profits and art organizations and more, see our About AB5 page or download our full report (updated January 2020).
Additional links:
California State Assembly AB5 fact sheet (updated September 2019)
Latest AB5 News
Human Resources
Society for Human Resource Management
Gusto – Cloud-based HR and Payroll
ADP – Payroll and HR services
Employment Resources
Employment Lawyers
Los Angeles: Jackson Lewis: Adam.Siegel@jacksonlewis.com
Los Angeles: Baker, Keener & Nahra, LLP, Derrick Lowe dlowe@bknlawyers.com
Monterey: Fenton & Keller, Sara B. Boyns sboyns@fentonkeller.com www.fentonkeller.com
Orange County: Manatt, Michael E. Olsen: MOlsen@manatt.com
Sacramento: Stoel Rives, Vida L. Thomas, vida.thomas@stoel.com
Sacramento: Bryan Hawkins: bryan.hawkins@stoel.com
San Diego: Brown Law Group, Arlene Yang: Yang@brownlawgroup.com
California Lawyers for the Arts, referral service: https://www.calawyersforthearts.org/
AB5 Data
Results from our “Building the Narrative” survey as of January 1, 2020
>>>CALL TO ACTION: New Survey
Employers, Employees, Private Contractors and everyone in between
Please take our new survey so that we may gather data to determine the direct impact of AB5 compliance and to learn if organizations are reducing or ceasing programs or closing altogether and if workers are finding fewer opportunities for employment.
Assemblymember Lorena Gonzalez, author of AB5, the bill that codified the Dynamex decision and determined exemptions such as “fine artists” has introduced clean up legislation AB1850. Over the last year, Californians for the Arts and California Arts Advocates (our partner lobbying organization) have worked to educate the legislature on the possible impacts of AB5 on the creative industries and to lobby for specific exemptions for the field.
Although our intention is to continue to educate legislators based on the data and information we receive from you as well as deliver workshops to provide resources and support for compliance, all of this points to the need for continued and increased investment in the arts. We can all agree, we want to see artists valued and uplifted and a paradigm shift from starving artist to thriving artist and we need public and private funding to make this happen. This is an exciting opportunity to galvanize the field to work together to build public will for the impact the arts makes in our lives, our communities and our economy. Join us in our campaign!
Posted January 13, 2020
Fine Artist Exemption: What does it mean?
Due to the lobbying efforts of California Arts Advocates “Fine Artists” received a professional exemption from AB5. As "Fine artists" has been left undefined in the bill, it is subject to interpretation. On December 10, California Arts Advocates Executive Director Julie Baker and CAA’s lobbyist met with the author’s office. They confirmed it was left undefined on purpose. What we know is the traditional reading of “Fine Artists” is visual and craft artists but if you have an MFA in Theatre, are you also a “Fine Artist”?
Assemblymember Lorena Gonzalez, author of AB5, the bill that codified the Dynamex decision and determined exemptions such as “fine artists” has introduced clean up legislation AB1850. Over the last year, Californians for the Arts and California Arts Advocates (our partner lobbying organization) have worked to educate the legislature on the possible impacts of AB5 on the creative industries and to lobby for specific exemptions for the field.
Although our intention is to continue to educate legislators based on the data and information we receive from you as well as deliver workshops to provide resources and support for compliance, all of this points to the need for continued and increased investment in the arts. We can all agree, we want to see artists valued and uplifted and a paradigm shift from starving artist to thriving artist and we need public and private funding to make this happen. This is an exciting opportunity to galvanize the field to work together to build public will for the impact the arts makes in our lives, our communities and our economy. Join us in our campaign! Posted January 13, 2020
>>>learn more about ab5 exemptions:
What exemptions in AB5 currently apply to artists, non-profits, and arts & culture organizations? Updated January 2020
News from Assemblymember Lorena Gonzalez, author of AB5
And tweets such as this one from December 11, 2019.
Gonzalez has stated on several occasions that "Fine Artists” may cover more than just visual artists, “Obviously, a muralist is a fine artist,” she says. “A musician is a fine artist.” And “I think as our world changes, the definition of a fine artist changes,” she says. “This is going to be an ongoing discussion.”
What Else We Know
a) Fine Artists is a professional service exemption and therefore you have to meet these criteria to be exempt from AB5: if the hiring entity can demonstrate that the professional:
(1) Maintains a business location separate from the hiring entity;
(2) Has a business license and any required professional licenses or permits;
(3) Has the ability to set or negotiate their own rates;
(4) Has the ability to set their own hours;
(5) Customarily engages in the same type of work performed under the contract;
(6) Holds themselves out to other potential customers for the same type of work;
(7) Exercises discretion and independent judgment. If you meet these criteria as a “Fine
Artist” you are exempt and therefore governed under the Borello decision (an 11 point test) to determine if the worker should be classified as an independent contractor.
b) The term “Fine Artists” is not defined in the legislation and thereby subject to interpretation. We suggest without giving any legal advice, that you interpret it to the best of your abilities.
c) There will be a corrections bill in 2020, and there are possible additional exemptions on the table for the arts industries. California Arts Advocates is in contact with the author’s office as well as other legislators to work on additional exemption language
To that end, we continue to refine proposed exemption language for a corrections bill or definitions in a clean up bill for 2020 and are working directly with several Unions for workers in service to the arts on how best to support artists and provide direction and resources for the field to thrive.
At the same time, we are also encouraging the field to look at our business models and what are some longer term solutions to get to a place where all workers in service to the creative industries receive fair pay and benefits. We realize this is not a quick fix as the models are so ingrained and have for the most part, worked to keep the arts going in our communities. This is also a topic we will explore in more detail at our arts impact summit in April surrounding Arts Advocacy Day on April 15.
We think this all speaks to why we also need to increase funding for the arts! Artists and non-profits provide much needed services in communities across California, some that are no longer offered in schools and others that enrich our lives, provide economic benefits to rural and urban communities, teach empathy and help to unite us when we share and celebrate our diverse cultures. Join us at Advocacy Day to share your stories on why the arts need continued and increased public funding in California!
Upcoming AB5 Workshops/Events
We’ve held several workshops across the state regarding AB5. San Francisco, Los Angeles, San Jose, Orange County, two in San Diego, and on December 3rd, we offered a free webinar for over 300 participants. More workshops and a follow up webinar will be announced for 2020. At these workshops, we team with employment lawyers to educate the field about the bill, how we got to AB5 (Borello, Dynamex decisions) compliance with the law and what it means if you fit into an exemption category and the risks of non-compliance.