As if there isn’t enough to worry about these days, now this. “A recent court ruling in the Golden State could spell big trouble for your career as an independent writer, even if you’ve never stepped foot in California,” cautions Randy Dotinga, past ASJA president. “Last spring, the California Supreme Court essentially declared that if you treat someone like an employee—they work in your line of business, you’re in charge of them—then they’re an employee, not an independent contractor. And under California law, employees have certain rights and benefits” and are subject to government rules on minimum wage, overtime and rest breaks.
According to a story in the LA Times, “A plumber temporarily hired by a store to repair a leak or an electrician to install a line would be an independent contractor. But a seamstress who works at home to make dresses for a clothing manufacturer from cloth and patterns supplied by the company, or a cake decorator who works on a regular basis on custom-designed cakes would be employees.” Included in the latter might be a freelancer who regularly contributes to a newspaper, magazine or content provider. (Insert expletive here.)
This has implications for freelancers nationwide. “The ruling fundamentally changes how literally everyone in California—and everyone who pays Californians to work with them—has to do business going forward,” points out attorney Shaun Spalding of New Media Rights, a San Diego-based nonprofit that provides low-cost and free legal assistance to writers and other creative professionals.
What’s does it mean for freelancers? “The ruling changed the rules, and the risk of hefty lawsuits could frighten media outlets and publishers into dumping freelancers,” Dotinga observes. Not what you wanted to hear, right? At press-time, Dotinga learned that the California legislature will not offer a fix before January 2019. If you want to learn more—and it isn’t all bad news, especially if you’ve done steady work for a client you may have retroactive legal recourse—check out Dotinga’s Q & A with attorney, Shaun Spalding (New Media Rights, a San Diego-based nonprofit that provides low-cost and free legal assistance to writers and other creative professionals) in the September/October 2018 issue of ASJA Magazine. Until then, it can be added to the list of things to think about at 4 a.m.—right behind global warming and your tax return for FY 2018.