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You have probably heard about the new AB5 law that went into effect on January 1, 2020. If you haven’t, in short, AB5 requires that most Independent Contractors be reclassified and paid as Employees. While this reclassification was well-intentioned and may sound beneficial to workers, it demands a huge undertaking of time and expense from hiring organizations, some of whom are not able to bear the additional costs (in particular, small non-profits and performing arts venues).
Unfortunately, AB5 was passed before independent performing artists/musicians/venues had an opportunity to fully understand its implications or weigh in on its potential impacts. This law will severely limit most non-profit organizations’ ability to offer services of all kinds to their communities, particularly those in the arts education and/or performing arts sector. It is unrealistic for any non-profit or business that hires musicians, artists and production crew as independent contractors for one-time events of a few hours duration to add them to its payroll as employees. AB5 is also requiring any contractor, including musicians and performing artists to incur significant financial burden in order to prove their independent contractor status.
Even though there is an exemption for “fine artists”, the vague wording of AB5 leaves small organizations in limbo regarding how to handle the payment of performing artists and other contractors who are hired on an ad-hoc basis to make their productions possible.
There are some petitions already in circulation on Change.org requesting exemptions for musicians, but this is not a broad enough request. The music industry and the performing arts sector also provide paid work opportunities to independent sound/lighting technicians, photographers, videographers, stage managers, event staff, choreographers and more. It is not feasible for small non-profits, community theaters or performing arts venues to put every contractor hired in the course of doing business for one gig onto its payroll, nor do the contractors want to become employees of every organization or venue where they work or perform.
Please share this petition with your networks — we need our voices to be heard in order to influence an amendment bill and hopefully, define the fine arts exemption and add new exemptions for the performing arts sector and non-profit organizations/venues.