#AB1577: an explainer.

This bill simply gives most staff who work for the legislature the same right all other public employees enjoy: the right to form a union & collectively bargain if they wish.

If the bill passes, the implementation has been delayed to mid year 2024. The staff within the legislature would have to organize themselves into a union, with over 50% agreeing they want a union. Over 50% would have to agree on what union would represent them. It could be one you’ve heard of, or one that is independent and you’ve never heard of.

I just announced my resignation from the State Assembly so that I can accept a job with the California Labor Federation, AFL-CIO in preparation for becoming its leader in July. This move will allow me to continue my life’s commitment to serve & empower working Californians. I’m proud of what we’ve accomplished in the past 8+ years. From raising the min wage, to ensuring every California has paid sick leave & expanding overtime laws to farmworkers. We expanded workplace rights for grocery workers, hotel workers, warehouse workers, janitors and

If you’re complaining about AB1139 and don’t or won’t recognize that working & middle class ratepayers are subsidizing rooftop solar... much of which goes into the pocket of Elon Musk... then you aren’t being honest. California can’t afford to continue to subsidize it this way! I’m tired of self-proclaimed “environmentalists” who refuse to look critically at what is and isn’t working with our current NEM structure. You can’t talk about equity & a just transition without reforming how we subsidize rooftop solar...

A note about the “cost” of companies moving from employees to independent contractors:

If you are an employee, your employer pays into Unemployment Insurance for you... in case you are separated from work at no fault of your own. These funds are critical during crisis. 1/ If you are an independent contractor, no one pays into a system unless you self insure. That’s very rare.

When this pandemic started, most ICs had no plan or safety net for the loss of their employment. Many of us begged Congress for relief for them to avoid poverty. 2/

I am sorry, but the ridiculous misinformation campaign about the PRO Act is not just disingenuous, it’s harmful. The only thing the PRO Act does to freelancers, is allow them to join a union and engage in collective if they do choose! It only covers the NLRA. The use of the ABC test for only a small section of labor laws isn’t unique. M#Connecticut, Delaware, Illinois, Indiana, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, Vermont, Washington, and West Virginia all use the ABC test on some aspect of IC labor law.

Dear San Diego:
There’s no shortage of food or toilet paper in the supply chain. Please don’t horde. Many of my constituents can’t buy in bulk, save some for them. The tap water will continue to run (even if you can’t pay the bill.) Don’t panic. Check in on the elderly, be kind. I know these are scary times. But we can get through this as a community. If you have an issue, a question or just want accurate information about what is going on, please call our office. (619) 338-8090.

I supported @ewarren because I believe we need big structural change. I support her plans for battling income inequality, empowering workers & taking on the gig economy. My community needs higher wages, healthcare & unions. That’s why I have to now support @BernieSanders. 1/ There is a reason my district overwhelmingly supports Bernie Sanders. As working class Latinos, our families have been left behind in every economic recovery and rebound. The status quo was never working for us. Healthcare & home ownership are out of reach. 2/

Earlier this evening I tweeted that we have put language into legislative counsel for musicians. Today was a deadline. We have reached consensus on all language around recordings. This is good! It means it can hopefully move this month with an urgency. 1/ We also put language in around live performances. We have not reached consensus. But, we need to and I am committed to providing relief for bands. I took the details down as they aren’t finalized. But I have been assured that we will get agreement very soon.2/

Let’s have a data driven discussion about Independent Contractors in CA. There are roughly 1 million ICs in CA. According to FTB, about 650,000 of them qualified for and received the earned income tax credit (at the cost of $118 million.) That means a majority of independent contractors in CA in 2018 were from households with adjusted gross incomes of less than $15,008 if there are no qualifying children, up to $22,322 if there is one qualifying child. (Amounts have increased this year.)

In the next few weeks, we will be rolling out a number of asks, initiatives and bill language to help ease the implementation of AB5 and make clarifications to the law based on hundreds of meetings and discussions with individuals and groups. 1/ Today, along with @AsmChristySmith and a dozen other legislators, we formally asked for $20 million in the budget to fund a grant program for small non-profit community arts programs that are transitioning their employees under AB5.

A note about labor laws:
We don’t “let” workers opt-out of labor protections because what would happen if we did. Many employers would only “hire” workers who “voluntarily” agreed to work for less than minimum wage, or who would agree to work overtime at straight time pay. 1/ The “liberty” to work as one chooses has been the talking points behind the right-wing attack on workplace rules since the abolition of slavery. I mean, hey, if a 12 year old wants to work - who is government to stop her? All this does is bring down wages and protections. 2/

To be clear: #AB5 was a broad labor bill codifying a test created for CA by our Supreme Court. It was not (nor was the decision) about any one profession. Any reference to specific professions was by request of those industries to provide clarification and flexibility. 1/ It wasn’t a decision or a bill solely aimed at the gig economy. Although there is massive misclassification in the gig economy. It certainly isn’t a bill aimed at freelancers. The exemptions provided added more flexibility than the decision for writers/photographers, not less. 2/