{"id":864,"date":"2020-02-10T01:29:23","date_gmt":"2020-02-10T08:29:23","guid":{"rendered":"http:\/\/www.responsible47.com\/?p=864"},"modified":"2020-02-10T01:29:23","modified_gmt":"2020-02-10T08:29:23","slug":"agenda-national-ab5-freelancer-comments-colleagues-message","status":"publish","type":"post","link":"http:\/\/www.responsible47.com\/?p=864","title":{"rendered":"AGENDA \/ NATIONAL AB5? \/ FREELANCER \/ COMMENTS \/ COLLEAGUES MESSAGE"},"content":{"rendered":"\n<ol class=\"wp-block-list\"><li>HIDDEN AGENDA<\/li><li>NATIONAL VERSION OF AB5 (HR2747)<\/li><li>FREELANCER MESSAGE<\/li><li>MEMBER COMMENTS<\/li><li>COLLEAGUES MESSAGE<\/li><\/ol>\n\n\n\n<p>&#8230;Absolutely guaranteed anonymity &#8211; Former Musician&#8217;s Union\nofficer\u2028<\/p>\n\n\n\n<p>&#8230;The one voice of reason in a sea of insanity &#8211; Nashville\n&#8216;first call&#8217;\u2028scoring musician<\/p>\n\n\n\n<p>&#8230;Allows us to speak our minds without fear of reprisal &#8211;\nL.A. Symphonic musician<\/p>\n\n\n\n<p>&#8230;Reporting issues the Musicians Union doesn&#8217;t dare to mention &#8211; National touring musician<\/p>\n\n\n\n<p>===================================================<\/p>\n\n\n\n<h1 class=\"wp-block-heading\">1. HIDDEN AGENDA<\/h1>\n\n\n\n<p>AB-5&#8217;s hidden agenda.<\/p>\n\n\n\n<p><a href=\"https:\/\/cmgmusicrecording.com\/category\/ab-5\/\">AB-5<\/a>,\n<a href=\"https:\/\/cmgmusicrecording.com\/category\/cmg-news\/\">CMG News<\/a>, <a href=\"https:\/\/cmgmusicrecording.com\/category\/industry-updates\/\">Industry\nUpdates<\/a><\/p>\n\n\n\n<p>As we all scramble to understand how <a href=\"https:\/\/leginfo.legislature.ca.gov\/faces\/billTextClient.xhtml?bill_id=201920200AB5\"><strong>AB-5<\/strong><\/a>\nworks and what it will mean to our own livelihood, it is important to\nunderstand the hidden agenda behind the law.&nbsp; It is a well-planned and\nheavily financed campaign to drive people back to labor unions. The AFL-CIO and\nindividual labor unions like the American Federation of Musicians (AFM) all\nwant \u201ca sea change\u201d in union participation across the board.&nbsp; While this may\nbe the best option for janitors, construction workers, taxi drivers, etc., it\nis <strong>NOT<\/strong> the best option for independent music professionals.\nThe unions have deep pockets, a deep bench, and they feel that if some nonunion\nmusicians, contractors, orchestras, or opera companies go out of business\nbecause of AB-5, that is acceptable collateral damage to them.&nbsp; It\nstrengthens the unions\u2019 stance in the long run.&nbsp; <\/p>\n\n\n\n<p>Music professionals successfully figured out long ago how to make a great\nliving as Independent Contractors.&nbsp; They set their own schedules,\ndetermined their own rates, paid taxes, bought their own health insurance, etc.\n&nbsp; This business model works for us! We were never part of the\ndisenfranchised, misclassified worker pool. If we didn\u2019t like the pay scale for\na particular project, we simply turned it down and moved on to the next\nproject. No harm, no foul.&nbsp; In light of the January 29, 2020 article in\nthe LA Times, \u201c<a href=\"https:\/\/www.latimes.com\/entertainment-arts\/story\/2020-01-29\/ab5-independent-contractor-california-2020-arts\">How\nAB5 has instilled fear and confusion in California\u2019s arts community<\/a>\u201c,&nbsp;\nit is important to point out that independent music professionals have\nnegotiated pay rates that far exceed the minimum wage, and often exceed AFM\u2019s\nrates.&nbsp; We worked hard for this!&nbsp;&nbsp;<\/p>\n\n\n\n<p>Supporters of AB5 suggest that misclassified workers account for billions of\ndollars of unpaid tax revenue and place an unacceptable drain on social\nservices such as healthcare (Lorena Gonzalez mentioned this in her first <a href=\"https:\/\/www.kusi.com\/assemblywoman-lorena-gonzalez-fletcher-responds-to-californians-hurt-by-ab-5\/\">interview\nwith KUSI<\/a>.).&nbsp; In the case of music professionals, this is simply not\ntrue. We carry our own health insurance and pay self-employment taxes in lieu\nof payroll taxes. Self-employment taxes combine the employee and employer\nportions of the Social Security and Medicare payroll taxes that employers\nwithhold from their employees\u2019 pay.&nbsp;&nbsp;<\/p>\n\n\n\n<p>The bottom line is <strong>AB-5<\/strong> does not work for music professionals.&nbsp;\nFurther, compliance with a law that does not fit the industry is\nludicrous.&nbsp; An exemption or repeal is not likely to happen quickly as both\nsolutions will need to go through the legislative process and calendar.&nbsp;\nWe need to commit to staying the course. We urge you to continue to <a href=\"http:\/\/www.legislature.ca.gov\/your_legislator.html\">write and call your\nstate legislators!<\/a> They keep track of the number of letters and calls in\norder to gauge the importance\/impact of an issue, so be sure to call them\ndaily!&nbsp;&nbsp;<\/p>\n\n\n\n<p>================================<\/p>\n\n\n\n<p>2. HR2747 \u2013 NATIONAL VERSION OF AB5<\/p>\n\n\n\n<p>ALERT: Please note that there is a Congressional bill HR2747\nrecently introduced that would impose AB5 on a national level!<\/p>\n\n\n\n<p>If you thought you could just move out of California to\nescape this&#8230;? &nbsp;Act now or forever look back on the day when you were in\ncharge of your own life.&nbsp;<\/p>\n\n\n\n<p>The following was copied from the Internet&#8230;<br>\n<br>\n<\/p>\n\n\n\n<p><br>\n<strong>Subject:<\/strong>&nbsp;<strong>ACTION NEEDED: Pass AB1928 to IMMEDIATELY Repeal AB5!<\/strong><\/p>\n\n\n\n<figure class=\"wp-block-table\"><table class=\"\"><tbody><tr><td>\n  \n  \n   \n    \n    &nbsp;\n    Yesterday Asm. Kevin Kiley and Asm. Melissa\n    Melendez&nbsp;circulated&nbsp;<a rel=\"noreferrer noopener\" href=\"\/\/leginfo.legislature.ca.gov\/faces\/billNavClient.xhtml?bill_id=201920200AB1928\" target=\"_blank\">AB1928<\/a>, an urgency bill that would immediately repeal\n    AB5, to their colleagues in the Capitol and asked them to co-sponsor this\n    vital legislation.\n    <strong>It&#8217;s time for all of us to TAKE ACTION.<\/strong><strong><\/strong>\n    Please&nbsp;<em>contact your Assemblymember and Senator by phone\n    and email<\/em>&nbsp;and ask them to co-sponsor AB1928 and pressure\n    leadership to bring it to a vote as soon as possible. Here&#8217;s a script if\n    you need it:\n    \u201cHello, my name is ____________________\n    and I am a constituent. I&#8217;m calling to tell Mr\/Mrs Assemblyman Whoever that\n    AB5 is hurting me and my ability to earn a living and pay taxes. As it\n    stands now, AB5 is unworkable and unfixable. I hope Assemblyman Whoever\n    will co-sponsor AB1928, a full repeal, and work to bring it to a vote ASAP\n    so I can get back to work. Thank you. Have a wonderful day.&#8221;\n    <a href=\"https:\/\/www.savecapac.com\/r?u=n91IjKxRafWC0CCpnxnHyx1ZEYs7p1YhKTaK58vpJoTOTqjaMCnP8eIhhEradMUg&amp;e=91e425624ecb3527523dcfae4eb4ee3f&amp;utm_source=savecalifornia&amp;utm_medium=email&amp;utm_campaign=call_to_action_feb_5&amp;n=2\"><strong>FIND MY CA REP<\/strong><\/a>\n    Also,&nbsp;<em>HR 2474, the federal version of AB5, is up for a\n    floor vote in the House of Representatives<\/em>. It&#8217;s crucial that you\n    CALL YOUR REPRESENTATIVE and ask them to vote NO. Here&#8217;s a script:\n    \u201cHello, my name is ____________________\n    and I am a constituent. I&#8217;m calling to tell Mr\/Ms Congressperson Whoever\n    that I hope they will vote NO on HR 2474. It is a copy of California&#8217;s AB5,\n    which is hurting me and my ability to earn a living and pay taxes. It&#8217;s\n    destroying the arts, independent journalism, youth sports, and after-school\n    tutoring programs. HR 2474 will take a failed policy nationwide and hurt\n    millions of Americans. Thank you. Have a wonderful day.&#8221;\n    If you feel comfortable telling your\n    story before Congress, you can even mention that you&#8217;d be willing to\n    testify in Congressional hearings on the matter.\n    To find your Congressmember&#8217;s contact information,&nbsp;<a rel=\"noreferrer noopener\" href=\"https:\/\/www.savecapac.com\/r?u=CaNtuHv5YBL_hDPpdi5djl0iVso66XWf_lcYkNqBT3plp4h1SSWKJKPYnAlpd80Li4p5-t7SpczOO77qifY1vQ&amp;e=91e425624ecb3527523dcfae4eb4ee3f&amp;utm_source=savecalifornia&amp;utm_medium=email&amp;utm_campaign=call_to_action_feb_5&amp;n=3\" target=\"_blank\">click here<\/a>.\n    <a href=\"https:\/\/www.savecapac.com\/r?u=CaNtuHv5YBL_hDPpdi5djl0iVso66XWf_lcYkNqBT3plp4h1SSWKJKPYnAlpd80Li4p5-t7SpczOO77qifY1vQ&amp;e=91e425624ecb3527523dcfae4eb4ee3f&amp;utm_source=savecalifornia&amp;utm_medium=email&amp;utm_campaign=call_to_action_feb_5&amp;n=4\"><strong>FIND MY CONGRESSPERSON<\/strong><\/a>\n    And,&nbsp;<strong>please SHARE this information\n    far and wide<\/strong>.&nbsp;You can\n    forward this email or post a link to it on your social media\n    accounts.&nbsp;\n    \n   \n  \n  \n  <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n<p><\/p>\n\n\n\n<p>======================================================<\/p>\n\n\n\n<p>3. MESSAGE FROM A FULL TIME FREELANCER<\/p>\n\n\n\n<p>The\nfollowing was sent to ABC7, KTLA and Fox11. So far there has been no\nresponse&#8230;the media silence on this issue is deafening.&nbsp;<\/p>\n\n\n\n<p>Dear Media Entity,\u00a0<br> <br> AB5 is having a devastating effect on the ability of the freelance\/independent contractor to earn a living. \u00a0Literally hundreds of thousands of freelancers are finding themselves scrambling to cover the loss of personal and economic liberty.\u00a0<br> <br> It has become apparent that this bill promoted as &#8216;worker protection&#8217; is really just a power grab by unions dangling the prospect of more state revenue in the faces of our elected representatives. \u00a0The California legislature has been commandeered by the unions. \u00a0<br> <br> This law forces freelancers into an employer-employee relationship making that relationship ripe for union organizing. \u00a0The unions want no competition in the marketplace.\u00a0<br> <br> The ability to earn an honest living under one&#8217;s own terms should be a fundamental civil right.\u00a0<br> <br> The media has remained aloof as this assault on the freelance worker plays out. The law which took effect on January 1, 2020 is having a real and palpable impact on the economic and social fabric of California.\u00a0<br> <br> I am asking that the media cover this important issue&#8230;or maybe you can&#8217;t.<br> <br> Full Time Freelancer<br> Los Angeles<\/p>\n\n\n\n<p>=================================================<\/p>\n\n\n\n<p>4. MEMBER COMMENTS<\/p>\n\n\n\n<p>These are the words of the\nPresident of Local 47.<\/p>\n\n\n\n<p>President Acosta made it very\nclear&#8230;&#8221;AB5 will not be repealed&#8221;&#8230;&#8221;..we are looking out for\nthe music ecosystem&#8221;&#8230;&#8221;the musicians union sets the standard for\nnon-union workers&#8221;&#8230;&#8221;we want to organize musicians&#8221;&#8230;&#8221;we\nmight have openness to amendments&#8221;&#8230; (Implicit in that last statement is\nthat the unions are in control).<br>\n<br>\nG. Lasley, Sec-Treas was sent to Sacramento on 2\/3\/20 to lobby in favor of\nAB5.&nbsp;<br>\nThe AFM is part of the AFL-CIO. &nbsp;Their shield will be they had no\nchoice&#8230; Sure&#8230;<\/p>\n\n\n\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n\n\n\n<p>AB5<br>\nWell, I just had two chamber performances canceled because the presenter does\nnot want to change from a 1099. I completely understand. A COMPLETELY\nridiculous law.<br>\nI am actually now moving some of my recording projects to Nashville. It will\njust be a lot more comfortable. Our union is living with contract language\ndesigned for the \u201980s.<br>\nA friend of mine (string player) in London just finished recording his 8th film\nsince January 1st. They could have ALL been here without residual payments.<br>\nSad<\/p>\n\n\n\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n\n\n\n<p>By the time September comes around for a vote on any\nexemption for musicians\u2026it will be too late. The landscape will have changed\nand the work will not be coming back.<\/p>\n\n\n\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n\n\n\n<p>I firmly believe that the unions (not just AFM) will be in control of which exemptions are allowed or rejected. AB5 was sponsored by unions. It was written by the unions, for the unions. The little guy isn\u2019t being heard. The pessimist in me says he doesn\u2019t even have a seat at the table. The optimist in me says \u201cYET!\u201d<\/p>\n\n\n\n<p>=============================================<\/p>\n\n\n\n<p>5. COLLEAGUES<\/p>\n\n\n\n<p>As has already been pointed out by\nthis blog and many others, the President \/ Board of Local 47 and the AFM are\ntotally in the bag for AB5. Many groups, opera companies, orchestras and other\nentities (musical or not) have had to close or leave the state.<\/p>\n\n\n\n<p>Now they\u2019re trying to take the law\nnationwide in the hopes of forcing everyone to rejoin or join a union. The committee\nfully supports honest unions and its members have had decades of membership in\nsuch organizations, but the Los Angeles Local 47 and the AFM in general has\nproven again and again that they are not worthy of your support, unless you\u2019re\n\u201cpart of the club\u201d. In LA that means part of the 1 percent or so of membership\nwho get steady union work. The rest? They just want your money and to have you\nsit down and shut up as the 1 percent do most or all of the recording work. <\/p>\n\n\n\n<p>Don\u2019t kid yourself, virtually all\nmusicians do non-union work. Musicians at the highest levels of our industry do\nnon-union work. We all know who they are, but we choose not to out them. After\nall, if they\u2019re \u201cin the club\u201d they\u2019ll get a pass anyway and the person who\nreported them will be the \u201cbad guy\u201d. Hypocrisy at the highest level.<\/p>\n\n\n\n<p>In 1983, Local 47 in Los Angeles had over 13,000 members.\nToday? 2020? About 6,200 members. The drastic loss in membership is not because\nof politics, or because people have been undermining the union. The union has\nbrought it upon itself. It is because more and more people have realized the\nunion does nothing for them but take their money, then try to fine them if they\nwork to pay their bills with the only work available to them\u2026 nonunion work.<\/p>\n\n\n\n<p>So now the biggest labor entities are joining together for\ntheir own version of &nbsp;\u201cAnimal Farm.\u201d<\/p>\n\n\n\n<p>Don\u2019t let them do it.<\/p>\n\n\n\n<p>Fight AB5 and the nationwide version HR2747!<\/p>\n\n\n\n<p>Call your representatives. Fight for our right to work on our own terms.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p>Until next time,<\/p>\n\n\n\n<p>The Committee<\/p>\n","protected":false},"excerpt":{"rendered":"<p>HIDDEN AGENDA NATIONAL VERSION OF AB5 (HR2747) FREELANCER MESSAGE MEMBER COMMENTS COLLEAGUES MESSAGE &#8230;Absolutely guaranteed anonymity &#8211; Former Musician&#8217;s Union officer\u2028 &#8230;The one voice of reason in a sea of insanity &#8211; Nashville &#8216;first call&#8217;\u2028scoring musician &#8230;Allows us to speak our minds without fear of reprisal &#8211; L.A. Symphonic musician &#8230;Reporting issues the Musicians Union [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-864","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/864","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=864"}],"version-history":[{"count":0,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/864\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=864"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=864"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=864"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}