Information session with attorneys
On February 6, 2020, an information session about California’s new AB5 “gig worker” law was held at SFFILM FilmHouse for the independent film community, organized by the Collective of Documentary Women Cinematographers, a group of women who are professional DPs (and many of whom are also filmmakers). Presenters:
- Kyle Kate Dudley is an attorney, artist and Assistant Director of California Lawyers for the Arts. California Lawyers for the Arts is a statewide nonprofit organization that empowers the creative community by providing education, representation and dispute resolution. They provide a legal referral service among other valuable programs.
- Jen Cornell is a partner in the SF office of Carothers DiSante & Freudenberger LLP, working primarily on the employer side of litigation in tech and retail.
Below is a full recording of their presentation, courtesy of David Minard, Z9Media.
Resources to understand AB5
- Full text of AB5 law from California Legislative Info
- AB5 Fact Sheet from California Assemblymember Lorena Gonzalez, who introduced and championed the legislation
- AB5 Citations and Further Research handout from California Lawyers for the Arts
- Lawyer Referral and Information Service from California Lawyers for the Arts
- Exempt Job Categories under AB5 from Nolo Press
Analyses from various attorneys & service providers
- [AUDIO] “Assembly Bill 5 (AB5) Redefines an Independent Contractor Starting 1/1/2020,” Carole Dean interviews attorney Mark Litwak, Esq. to help independent filmmakers understand the law on Blogtalkradio.com.
- Bryan Reider, attorney, Best, Best & Reider
- Openforce, an AZ company providing contractor services
- Fisher Phillips, law firm
- WorkLogicHR, provides HR services
- Aaron N Colby and Janet Grumer, Davis Wright Tremaine LLP
Articles & opinion
- “California’s AB5 Poses Challenges for Independent Documentary Makers,” by Suz Curtis, March 21, 2020.
- “California’s New Gig Economy Law Is All Bark, No Bite,” by Diane Mulcahy, Forbes, September 20, 2019.
- “How AB5 has instilled fear and confusion in California’s arts community,” by Makeda Easter, LA Times, January 29, 2020.
- “AB5 gig work bill: All your questions answered,” by Carolyn Said, SF Chronicle, September 16, 2019.
- “Contract workers in California should be protected. Assembly Bill 5 doesn’t do it,” by Karin Klein, The Sacramento Bee, December 19, 2019.
- “California freelancers: What to do if a client tells you to form an LLC,” by Kathleen Pender, SF Chronicle, February 8, 2020.
AB 1850, the “Clean Up Bill,” and advocacy underway in other industries for exemptions
- “Freelance Journalists Close to Receiving the Second AB5 Exemption,” by Evan Symon, California Globe, February 12, 2020.
- “Sacramento Report: There’s No Shortage of Anti-AB 5 Bills and Candidates,” by Sara Libby and Jesse Marx, Voices of San Diego, January 24, 2020.
- “I met with Senate Majority Leader of CA about AB5. Here’s How it Went,” Ari’s Take (Musician blog), January 12, 2020.
- “Help Independent California Music Professionals Secure Exemption Under AB5,” Change.org petition.
- “California Creatives Rally to Repeal AB5 Legislation,” by Jason Boog, Publishers Weekly, January 29, 2020.
- California Trucking Association – AB5 advocacy page
Advocating for independent film professionals
Note how none of the above includes independent filmmakers and production freelancers in the analysis of AB5’s impact or advocacy. Our voices have been absent from the conversation. Unlike several of the groups suing the State of California or proposing legislation to gain an exemption for their trades, we do not have a big company, union, or trade association working for us. If we want to be included in the exemptions, or repeal the law altogether, it is critical that we advocate for ourselves and tell our stories to legislators now.
- The Coalition Against AB 5 is a broad coalition of freelancers aimed at repealing the law entirely rather than begging for or suing for exemptions for specific trades only. Sign up for alerts and follow their guidelines for contacting your legislators.
- Join this related Facebook group: CA Freelancers Against AB5. Many folks are contacting both legislators (repeatedly) and also keeping tabs on media about AB5, contacting journalists and media outlets who have failed to include mention of the millions of California workers affected negatively by AB5.
- Californians for the Arts is a statewide arts advocacy organization. They hope to push for exemptions/clarifications to AB5 that will allow the “arts” community — independent artists and arts organizations — to continue doing their work. They are providing a few tools to help:
- A template letter for your legislators, which should be personalized for your role in independent film;
- A survey collecting data to show the impact on arts (to be shared with legislators);
- An Arts Advocacy Day, which on 3/11/2020 was announced to be virtual due to coronavirus.
- Musicians and freelance journalists have had success reaching out to their legislators, meeting with them, and reaching out to the press to spread the word. We should do the same. Here is an AB5 letter template for independent film professionals that you can use, personalize, and send to your own assemblymember (lookup by address here). Please request an in-person meeting and contact us if you get a response and are looking for guidance on talking points. Bring your indie film buddies and share your stories.
- Know any journalists? Encourage them to write about AB5’s impact on the independent film industry.