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SCL Comments on California AB5

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There has been much written about the implementation of California Assembly Bill 5, however dissension remains as to how, and upon which occupations, it will be enforced. The SCL has had many inquiries from its members asking for clarification and opinion as to whether composers and songwriters will be affected, as we are both engaged as music creators and, in turn, engage others to realize our creations.

So rather than wade into unchartered legal waters, we have decided to provide a collection of legal opinion and commentary from the community for you to help you make your own judgement. It is in no way to be construed as legal advice from the SCL, and we recommend you seek your own legal counsel for your specific situation.

STATE OF CALIFORNIA: ASSEMBLY BILL 5 LANGUAGE AND GOVERNANCE

 

California Legislative Information: The Bill AB5

The California Department of Industrial Relations: Independent Contractor versus Employee

 

LEGAL OPINION PRE-IMPLEMENTATION (listed alphabetically)

 

BAKER BOTTS: Impact of California AB5 on Payroll Taxes and Benefits

BAKER, KEENER & NAHRA: AB5’s Impact on Musicians – Problems and Solutions

BAKER LAW: Change is Coming to California Businesses. Here’s What to Do About Assembly Bill 5

BEVERLY HILLS BAR ASSOCIATION (Video): AB5 Fundamental Shift – Entertainment Fallout, Tax and Employment, Loan-outs

DORDULIAN LAW GROUP: What is California’s New AB5 Law, and How Will it Affect Employees and Employers Within the Gig Economy?

FOX ROTHCHILD: New California Law Will Reshape Worker Classifications

FISHER PHILLIPS: Rewriting California’s Independent Contractor Laws – A Business Survival Guide

GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER: When A-B-C is Not as Easy as 1-2-3

GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER: California Legislates New Definition of an Employee and Loan-Outs are Toast

GREENBERG TRAURIG: California Legislature Seeks Shake-Up of Gig Economy; Any Impact of CA Independent Contractor Laws Remains Unclear

GREENBERG TRAURIG: We May Not Have Until January to Sort Out AB5 – Update on Dynamex Retroactivity

MITCHELL SILBERBERG & KNUPP: Have Independent Contractors in California? You May Need to Rethink That

OGLETREE DEAKINS: The ABC Test is Here to Stay – California Governor Signs AB5

SEYFARTH SHAW: Who Are Independent (Contractors)? Throw Your Hand Up at Me!

 

LEGAL OPINION POST-IMPLEMENTATION

 

ERIN M. JACOBSON, ESQ.: Will California’s Music Industry Survive AB5?

FAEGRE DRINKER BIDDLE & REATH: Independent Contractor? Not in California

FOX ROTHCHILD: AB5 (The Law Eviscerating California Employers’ Ability to Hire Contractors) is Alive and Well

GREENBERG TRAURIG: AB5, California’s Gig-Work Law, Could Mean Inconsistent Federal and State Tax Treatment for Workers

NOLO: Exempt Job Categories Under California’s New AB5 Law

 

OTHER COMMENTARY

 

AFM LOCAL 47: AB5 Update from the Musicians’ Union of Los Angeles

CALMATTERS: California’s Gig Worker Law is Disrupting the Music Industry and Threatening All Performing Arts

CNN: Publishers Prepare for New California Law that Puts Limits on Freelance Journalists 

FORBES: The Music Biz Will Split From California if the New ‘Gig Law’ Sticks Warns Artist and Label Groups

JD SUPRA: AB5 is Now Law in California. Now What?

LAIST: Here’s How AB5, California’ New, Could Affect You

LA TIMES: Freelancers Fear California’s New Gig Law Will Wipe Them Out

LA TIMES: Freelance Journalists File Suit Alleging AB5 is Unconstitutional

SAN FRANCISCO CHRONICLE: Musicians and Actors Invented the Gig. A New Law Threatens Their Way of Working

THE HILL: California Law Unjustly and Unconstitutionally Restricts Freelance Journalists

THE WRAP: Why This Indie Musician Isn’t Scared of California’s AB5 ‘Crashing’ the Music Industry

WIRED: A New Law for Gig Workers Reaches Beyond Ride-Hail Drivers