California Assembly Bill 5 or AB 5 is a state statute that codifies into law a landmark Supreme Court of California case, Dynamex Operations West, Inc. vs. The Superior Court of Los Angeles County, and which holds that most workers are employees, ought to be classified as such, and the burden of proof for classifying individuals as independent contractors belongs to the hiring entity. AB5 entitles workers classified as employees to greater labor protections, such as minimum wage laws, sick leave, and unemployment and workers’ compensation benefits, which do not apply to independent contractors. Concerns over employee misclassification, especially in the gig economy, drove support for the bill.
- Countless Interpreters do not WANT to be employees
- Agencies cannot keep Interpreters as full-time Staff
- Deaf students most likely will not be able to keep their chosen Interpreter
- Interpreters have the opportunity to work as full time employees in multiple scenarios if that is their choice
- Interpreters can work as Independent Contractors if that is their choice
- Interpreters are currently receiving notices from agencies advising they can no longer be hired as an Independent Contractor
- So then, who exactly is affected?
- Agencies
- Interpreters
- Schools
- Medical Facilities
- The list is endless, but those most affected? The DEAF population who, since the ADA was signed into law, has worked so hard to achieve their equal access goals.
In California, GLAD is working to have interpreters exempt from this Law.
Our hope is that clearer minds will prevail.
January 9, 2020
asl, CDI, Clients - ALL, deaf, deaf community, Deaf Culture, education, Equal Access, legal, medical, sign language, sign language interpreters