Assemblyman Kevin Kiley’s bill to repeal AB 5 fails to receive enough votes
SACRAMENTO (KUSI) – A few days ago, we spoke with California Assemblymember Kevin Kiley about the bill he has been working on with Assemblywoman Melissa Melendez to repeal AB 5.
The bill, AB 1928, “would repeal those existing provisions and instead require a determination of whether a person is an employee or an independent contractor to be based on the specific multifactor test set forth in Borello, including whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired, and other identified factors. The bill would make related, conforming changes.”
AB 1928 would take effect immediately as an urgency statue.
Thursday, on the floor of the State Assembly, Kiley requested a motion stating, “I request unanimous consent for a suspension of the rules, to withdraw AB 1928, which suspends AB 5, from the labor and employment committee, and immediately take the bill up today, without reference to file. This is a motion on behalf of countless Californians whose lives have been upended by AB 5.”
Kiley’s motion to suspend the rules and the constitution was seconded and was put up to a vote, which failed 15-50.
Following the vote, Kiley explained to KUSI’s Paul Rudy why he initiated the vote, and why there is such a disconnect between Ab 5’s opponents and supporters.
Thursday morning, Assemblywoman Lorena Gonzalez-Fletcher, also announced changes to AB 5 for freelance journalists and photographers.
The amendments Gonzalez introduced include removing the submission cap (35) “that a freelance writer, photographer or editor can provide a single hiring entity before they must classify the individual as an employee.” Plus, “to strike a balance and protect employment opportunities in these professions, the amendments specify that a contractor cannot replace an employee position.” Furthermore, when someone provides a service under contract, “the contract must specify the rate of their pay, a defined time by which they must receive their payment, and the individual’s intellectual property rights to their work. The amendments also specify that freelancers cannot be restricted from working for more than one hiring entity and cannot primarily perform their work at the hiring entity’s business location. ”
KUSI’s Paul Rudy asked Kiley specifically about these changes. Kiley told us they don’t really make a difference, it will take too long for those changes to be implemented, which is why he initiated the vote on AB 1928 immediately. He believes the Californians hurt by AB 5 need the ability to earn a living as soon as possible, they aren’t able to wait another year for the changes to become law.
Assemblyman Kevin Kiley’s full interview is below:
More information on the proposed changes can be seen here.