Mason  🏃‍♂️ ✂️

A thread to clarify some confusion about #AB5 and Freelancing Journalists: (1) No one single law or test makes you an employee or independent contractor. For example, you can be an employee for state minimum wage laws, but an independent contractor for the NLRA. 1/

(2) In California, state employment protections are embodied in the Labor Code (http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=lab …) and the Unemployment Insurance Code (https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=UIC&tocTitle=+Unemployment+Insurance+Code+-+UIC …) 2/

(3) Prior to the passage of #AB5, there were different tests for different laws. For example, after the Dynamex decision, employment status for wage orders were analyzed under the ABC test while employment status for unemployment insurance was analyzed under the Borello test 3/

(4) #AB5 standardized the test for employment status across CA employment laws. You can read more about the test itself here: https://en.wikipedia.org/wiki/California_Assembly_Bill_5_(2019) … . The bill makes it easier for hiring entities & workers to understand when protections are owed and when they are not. 4/

(5) But the confusion does not end b/c many workers are carved out of the labor code. Some of those exempt from overtime laws are listed: https://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm …. 5/

(6) There is a PROFESSIONAL EXEMPTION for wage & hour laws. In order to fall into this exemption, a worker must be a) making 2x the min wage in a 40 hr week, b) be able to exercise indep judgement, & c) be creating work that is original & creative in nature. 6/

(7) You can read specifics for the professional exemption here: https://www.dir.ca.gov/dlse/Glossary.asp?Button1=P#professional%20exemption … 7/

(8) Freelance journalists who just report the facts are likely not engaged in "creative" work and thus are not exempt from CA wage & hour laws. BUT... 8/