Over the past few weeks, freelance writers like myself have seen their lives upturned by California Assembly Bill No. 5. The legislation was intended to motivate companies to hire their independent contractors as full-time employees, but all it has done is made life difficult for writers.
In essence, the only effect AB 5 has had is limit the number of submissions a freelance writer can make to each outlet they produce content for; the current limitation standing at 35. Any more than that and news outlet/businesses have to classify a contractor as an employee.
With the limit standing at 35, the amount one can contribute during a given year is virtually nothing. Most writers can produce over thirty-five articles in a matter of weeks, and AB 5 doesn’t account for that. A fraction of freelancers who create content for multiple sites are a bit luckier, but 35 submissions a piece is still a major hindrance.
To put that in perspective, independent contractors who regularly write recaps of television shows or consistent movie reviews can’t anymore. We have to choose between a multitude of topics that all need to be covered, but simply can’t be done now. Why? Because AB 5 has limited the number of contributions we can make to each news outlet. And the effects don’t stop there.
Journalists who previously relied on covering live events to attract large audiences to their content now have to pass those opportunities on to others. Since the 35 caps will be reached by a majority of writers within the next month, there’s eleven months worth of potential content they won’t be able to cover.
AB 5 has weakened freelance writers’ standing
Additionally, the so-called lucky few who’ve been allowed to stay on in a limited capacity don’t have much to look forward to. Companies like Vox Media took things one step further and cut ties with over 200 of their independent contractors, but those left in reduced roles don’t amount to much when there’s stiff competition amongst writers and journalists.
It’s not said enough but freelance writers tend to get dismissed without a single afterthought. The reasons aren’t attributed to a particular journalist’s skill set, it’s merely because there are ten or more writers waiting to accept whatever gig someone else won’t, or in this case, can’t. So when a piece of legislation like AB 5 comes along, we’re viewed as even less marketable assets. Gigs subsequently go to other candidates who don’t have any restrictions barring them.
What can freelance writers do to combat California AB 5?
As far as what options Californian writers have, starting a petition to repeal Assembly Bill 5 is the first thing. An initiative has already been proposed by the Protect App-Based Drivers and Services coalition, though it’s unclear if the legislation covers freelance writers as well. The petition was supported by ride-sharing service companies like Uber so the fine-print may only apply to their particular industry.
The biggest takeaway from PABDS’ petition is that writers can submit a similar initiative with the state. A major hurdle will be fulfilling the signature requirement for getting a bill on the ballot, but if enough people rally together, it’s doable. The signature requirement currently stands at 623,212.
At the same time, freelance writers affected by AB 5 should reach out to their contacts in the entertainment industry for support. I can’t speak for anyone in particular, but there are surely celebrities in Hollywood who will stand alongside writers and journalists in need.
The internet can be a tremendous help
Moreover, an online campaign needs to be launched too. The internet is a powerful tool that’s seen TV shows, movies, and even careers resurrected. Such a valuable resource can’t be ignored, especially when writers need to use every asset at their disposal to have California Assembly Bill 5 amended.
Another thing that can be done is writers should let California Assemblywoman Lorena Gonzalez know how AB 5 has negatively affected them. We’re not suggesting anyone harass or harm Gonzalez, but a tweet regarding your personal story to the Assemblywoman’s professional Twitter account should suffice. Perhaps the countless stories of writers losing gigs thanks to AB 5 will encourage the Assemblywoman to add provisions to the bill. You can also make your grievances known to Governor Gavin Newsom who endorsed the bill. Be sure to tag #AB5Stories on Twitter.
And if Gonzalez and Newsom are willing to hear out suggestions for alternatives, here’s one that would give writers a chance: include a provision in AB 5 that requires financially stable companies to hire contractors who’ve produced content for them for six months or longer. That way, writers invested in journalism careers at least have some sense of job security.
Could an additional provision make AB 5 work?
There is one major hurdle in the way of outlets agreeing to employ full-time or part-time contractors: job designation. It’s not feasible for outlets to promote every writer to an in-house editor position right off the bat, and writers are generally retained as independent contractors so that present an issue. But what news outlets could offer are part-time positions as editorial assistants on a probationary basis.
Since companies and certain news outlets already employ the use of hybrid contractors that are the equivalent of editorial assistants, they can do the same for writers inadvertently harmed by Assembly Bill 5. And with the only difference being pay rate, they can easily structure a new class of employees specifically for writers impacted by the poorly thought-out legislation.
Lastly, freelance writers and independent contractors need to keep talking about the issue. It’ll be summed up to a handful of headlines if action isn’t taken. And one way to make sure that doesn’t happen is to keep the conversation going on social media.
Were you or someone you know affected by California Assembly Bill 5? Let us know about it in the comments.