header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather


 
Calendar
Today in
S.C.V. History
November 27
1941 - Funeral for "our" Remi Nadeau, whose Canyon Country deer park became North Oaks [story]
Remi Nadeau


LOS ANGELES — A federal judge has denied a bid by freelance journalists and photographers to block parts of a California labor law designed to require gig-economy companies to offer employee status and benefits to their workers.

The American Society of Journalists and Authors and National Press Photographers Association filed a federal lawsuit claiming Assembly Bill 5 unfairly caps the number of freelance submissions at 35 per year.

The bill, which took effect in January, was crafted by lawmakers who seek to extend employee-status protections and benefits to independent workers who companies classify as contractors. Lawmakers said the intentional misclassification of workers has contributed to income inequality nationwide.

But the organizations said forcing employers to extend benefits to freelancers – such as disability insurance, paid family leave and sick leave – will make it harder for freelancers to obtain stable employment.

In a preliminary injunction motion, the groups argued the 35-piece cap was unfair and AB 5 would disadvantage freelancers by making their labor more expensive and thus less attractive to employers.

Freelance journalists and photographers would also lose the flexibility of freelance status and, as employees, would lose ownership of copyrights to their work, the motion said.

But U.S. District Judge Philip S. Gutierrez denied the request to block parts of AB 5 and dismissed the organizations’ lawsuit, writing in a pair of rulings issued March 20 that California succeeded in demonstrating its interest in extending labor protections to all workers.

Gutierrez found AB 5 succeeds in its intent of drawing critical distinctions between different types of freelance work and that plaintiffs failed to show the law contradicted its intent or suggested favoritism to certain industries.

“There is no indication that AB 5 reflects preference for the substance or content of what certain speakers have to say, or aversion to what other speakers have to say,” he wrote. “The justification for these distinctions is proper categorization of an employment relationship, unrelated to the content of speech.”

In an email, California Attorney General Xavier Becerra’s office said, “We’ll let the decisions speak for themselves.”

Plaintiffs’ counsel Caleb R. Trotter of Pacific Legal Foundation said in a statement the ruling is an example of the government limiting the free press.

“In a long list of speaking professions exempted from AB 5’s onerous independent contracting requirements, only journalists have a cap on their work and only photojournalists are prohibited from communicating with video,” Trotter said in an email. “The district court’s decisions condoning discrimination against the free flow of objective information should be reversed.”

Gutierrez found the 35-submission cap serves California’s interest in ensuring freelancers classified as contractors receive benefits and protections when their work resembles that of an employee.

In granting the state’s motion to dismiss, Gutierrez wrote that the organizations’ challenge to law under the Equal Protection Clause was not viable since lawmakers demonstrated a rational basis for drawing distinctions between types of freelance work.

Mickey H. Osterreicher, general counsel for National Press Photographers Association, pointed to the growing COVID-19 pandemic as proof of the need for especially visual journalists.

“We are extremely disappointed with the court’s ruling in this case and are strongly considering our appeal options,” Osterreicher said. “We had hoped that a favorable ruling would have helped our members and others detrimentally impacted by the challenged language of AB 5 by preventing the state from enforcing those sections of the law. Unfortunately, writers, visual journalists and others will continue to lose freelance opportunities at a time when they could be providing the public with information and images related to the Covid-19 pandemic in California.”

The organizations have until April 17 to file an amended complaint.

— By Martin Macias Jr.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


Latest Additions to SCVNews.com
1941 - Funeral for "our" Remi Nadeau, whose Canyon Country deer park became North Oaks [story]
Remi Nadeau
The Los Angeles County Board of Supervisors voted 4-0 on Tuesday, Nov. 26, to supporting a motion to evaluate the feasibility of instituting a new department to spearhead the county’s efforts to tackle homelessness.
Supes Vote to Explore Creation of New L.A. County Homelessness Department
The California Institute of the Arts boasts two artists with CalArts connections earning spots on the Recording Academy list of nominees for the 67th annual Grammy Awards.
Two CalArtians Nominated for 2025 Grammys
The Performing Arts Center will host America's Got Talent top 12 finalist comedian Don McMillan's show, 7 p.m. Saturday, Dec. 21 at 26455 Rockwell Canyon Road, Santa Clarita, CA 91355.
Dec. 21: PAC Presents America’s Got Talent’s Don McMillan Show
The California Department of Transportation advises motorists to be extra cautious as a record number of Southern California residents are expected to travel for the Thanksgiving holiday.
Caltrans Warns of Delays Due to Record Thanksgiving Holiday Travel
The Sierra Hillbillies Square and Round Dance club invites all to a Ugly Sweater themed Square Dance, Sunday, Dec. 8, 2-5 p.m. at Valencia United Methodist Church, 25718 McBean Parkway, Santa Clarita, CA.
Dec. 8: Sierra Hillbillies Present ‘Ugly Sweater Square Dance’
The Santa Clarita Volunteer Hub is a one-stop shop for promoting volunteerism in the community. It connects local non-profits and volunteers who want to offer their time, skills and talents to a good cause.
Volunteer Hub: Connecting Volunteers with Local Causes
The Los Angeles County Department of Public Health is warning residents to avoid consuming voluntarily recalled raw milk due to a detection of H5 bird flu virus in a retail sample. Many retailers in Los Angeles may have sold recalled raw milk that may be contaminated with H5 bird flu virus.
Recalled Raw Milk Was Sold in L.A. County
In a three-set sweep, The Master's University women's volleyball team advanced out of the opening round of the NAIA Women's Volleyball National Championship Tournament over the Benedictine (KS) Ravens Saturday night, Nov. 23 in The MacArthur Center.
TMU Women’s Volleyball Wins NAIA Opening Round Match
The Los Angeles County Department of Public Health will join in marking the 36th annual World AIDS Day on Dec. 1.
Dec. 1: County Landmarks Light Up in Red for World AIDS Day
Deputies and investigators with the Santa Clarita Valley Sheriff’s Station are currently investigating a series of burglaries reported in the Stevenson Ranch community over the span of one week.
SCV Sheriff’s Station Investigating Stevenson Ranch Burglaries
Join the city of Santa Clarita for the Fourth annual Holiday Tree Lighting Ceremony at The Cube – Ice and Entertainment Center, powered by FivePoint | Valencia, 27745 Smyth Drive, Valencia, CA 91355 on Friday, Dec. 6 at 7 p.m.
Dec.6: Skate Into the Holidays at Fourth Annual Holiday Tree Lighting Ceremony
As official Neighborhood Champions for the 6th year, the Santa Clarita Valley Chamber of Commerce encourages everyone to embrace the spirit of the holiday season by supporting local small businesses on Small Business Saturday, an annual event founded by American Express, now celebrating its 15th anniversary. This year, the event takes place on Saturday, Nov. 30 (all day).
Nov. 30: Small Business Saturday Promotes ‘Shop Local’
College of the Canyons football closed out its 2024 campaign with an exciting 26-21 victory over Mt. San Jacinto College in the Southern California Football Association Jersey Mike's Valencia Bowl at Cougar Stadium on Sunday, Nov. 24.
Canyons Closes Season with 26-21 Bowl Game Victory over Mt. San Jacinto
1916 - A score of Wobblies bust up Newhall Jail after commandeering SP freight train [story]
Wobblies logo
As part of Santa Clarita’s ongoing commitment to public safety, small dividers will be installed on Orchard Village Road in the coming weeks.
City Emphasizes Pedestrian Safety on Orchard Village Road
The Campaign for College Opportunity has named College of the Canyons a 2024 Champion for Excellence in Placement in Black Math Success.
COC Named 2024 Champion for Excellence in Placement in Black Math Success
The city of Santa Clarita will host the grand opening of the Valencia Community Center on Monday, Dec. 9 at 10 a.m. at the center at 26147 McBean Parkway in Valencia.
Dec. 9: Valencia Community Center Grand Opening
Join a community discussion on retail theft Monday, Dec. 16 from 4-5:30 p.m. featuring California State Assemblywoman Pilar Schiavo, Assemblymember Rick Zbur and a panel of industry experts.
Dec. 16: Community Conversation on Retail Theft with Pilar Schiavo
All For Kids is seeking foster families and now offers two virtual ways for individuals and/or couples to learn how to help children in foster care while reunifying with birth families or how to provide legal permanency by adoption.
Dec. 19: All For Kids Virtual Orientations on Foster Care and Adoption
As millions of motorists gear up for travel, the California Highway Patrol is gearing up, too. Starting at 6:01 p.m. on Wednesday, Nov. 27, and running through 11:59 p.m. on Sunday, Dec. 1, the CHP will activate its annual Thanksgiving Maximum Enforcement Period.
Nov. 27-Dec. 1: CHP Maximum Enforcement Period
The 4th Annual Newhall Holiday Marketplace will take place 10 a.m.- 4 p.m. Sunday, Dec. 8 at the Newhall Community Center, 22421 Market St., Newhall CA, 91321.
Dec. 8:  Newhall Holiday Marketplace
College of the Canyons will enter the postseason as the No. 12 seed in the California Community College Athletic Association (3C2A) Women's Volleyball Southern California Regional Playoffs.
No. 12 Canyons Women’s Volleyball to Begin 3C2A SoCal Regionals
SCVNews.com