AB 5 – Summary of Pending Litigation, Legislation and Initiatives

Democrats are doing a bang up job of killing California jobs.  Newsom is doing well in killing off both the oil and agriculture industries. The legislators by taking over zoning and permitting for homes from city government.  This will force folks who are losing the culture and feel of their communities to leave the State, quicker than anticipated.  Then you have AB 5, to kill independent truckers, journalists and even trying to close down AMWAY.

But, the workers who are being destroyed by Sacramento are fighting back.  Below is an outline of the litigation and legislation.  The good news is that the courts have stopped the racist effort to force over 50,000 Hispanic independent truckers to lose their business and join a company—and pay union dues if they want to work.

Use this list for your letters to the editor, social media postings and talks—save California jobs.  Of course the best way is to vote those killing workers jobs out of office in November.  The better news is that only ONE Republican member of the Assembly voted for this Democrat plan to kill jobs—Tyler Diep.

AB 5 – Summary of Pending Litigation, Legislation and Initiatives

Ben Ebbink, Fisher/Phillips  (Updated 1/24/2020)

Litigation

Trucking (FAAAA Preemption) California Trucking Association v. Becerra (S.D. Cal.)§ Preliminary injunction granted 1/16/2020.

California v. Cal Cartage Transportation (Los Angeles Superior Court)§ Preempted by FAAAA (1/8/2020).•

Uber/Postmates (Equal Protection, Due Process, Impairment of Contract) oOlson et. al v. State of California (C.D. Cal.)§ Preliminary injunction hearing 2/7/2020.•

Freelance Journalists American Society of Journalists and Authors v. Becerra (C.D. Cal).§ Preliminary injunction hearing 3/9/2020.•

Court Reporters (Equal Protection) Williams, Weisberg & Weisberg v. State of California (Sacramento Superior Court)

Legislation

AB 1850 (Gonzalez) – placeholder bill •AB 1925 (Obernolte) – small business exemption •

AB 1928 (Kiley) – repeal AB 5; replace with Borello•ACA 19 (Kiley) – replace with Borello•

SB 806 (Grove) – placeholder bill •SB 867 (Bates) – newspaper delivery exemption •

SB 868 (Bates) – freelance journalist exemption •

SB 875 (Grove) – interpreters/translators exemption •

SB 881 (Jones) – musician exemption Initiative•“Changes Employment Classification Rules for App-Based Transportation and Delivery Drivers. Initiative Statute.”o Cleared for circulation (must gather 623,212 signatures by 6/30/2020 to qualify for the November 2020 ballot).

From Scott Lays “The Nooner”:

AB 5 (Gonzalez): A court reporting company has sued the state over the new limitations on independent contractors. The plaintiffs allege that the law as applied violates the equal protection clause of the California constitution as it applies to independent contractor court reporters, since similar licensed professions were given an exemption in AB 5. But the sweet spot of the pleading is that the firm — Williams, Weisburg & Weisburg, d/b/a Diamond Court Reports — lists several agencies with which they currently have contractors, including the California Department of Justice which will be defending the law.

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.

Comments

  1. Glad to hear it! There were two recall Newsom petitions in the works. One dropped out due to needing 2 million dollars to hire paid solicitors to gather signatures. Not one “effing” peep out of the Kalifornia Republicans nor any help out of the National Committee. No wonder that POS Newsom and Becerra are running the State into the ground.

    • barb harden says

      The RecallGavinNewsom is still happening.February 1st is a statewide petition signing since the final submission of all petitions is February 13th. The person who dropped out of submitting the signed petitions used Paid solicitors as you stated but the original framer of the recall used Volunteers to gather signatures from you and me folks here in CA. The Libertation Party gave us support as did the DOP. Donations have been optional to help cover the cost of printing and mailing petitions but it is strictly voluntary. I have been a volunteer since Erin Cruz started the recall but have also donated to help. Please share with others who have not signed; here is the link to get more information RECALLGAVINNOW.COM We need to make this recall happen or continue to live with the awful laws being encouraged by Newsom along with increasing taxes.Thank you for your concern and comments.

Speak Your Mind

*