AB 5’s next (legal) chapter + Brough battles on + Who’s rising in California polls?
It’s Monday, California. Rise and shine and good morning to all!
Sophia Bollag writes...
A new law that dictates which California workers must receive full employment benefits takes effect Jan. 1, but the latest battle over Assembly 5 is playing out in courts and could take years to resolve.
On one side are groups seeking to roll back the law, such as truck drivers who are already suing to block it, arguing it will interfere with their ability to earn a living as independent contractors.
On the other side are labor advocates like bill author Assemblywoman Lorena Gonzalez, who wrote the law to allow California’s attorney general and city attorneys in the state’s four biggest cities to file for injunctions against companies to force them to follow the law.
Gonzalez last month publicly encouraged city attorneys to file for such injunctions, arguing that would more effectively force compliance than claims brought by employees.
“Attorneys have sued, settled, walked away & never demanded proper classification of the workers. It’s what Uber told me they’d continue to do under #AB5,” the San Diego Democrat wrote on Twitter, referencing Uber’s assertion that it does not have to change its worker classification practices to follow the law. “That’s why we ask the 4 big city City Attorneys offices to file for injunctive relief on 1/1/20.”
It’s unclear at this point if city attorneys will use that power.
Uber declined to comment for this story, but its top lawyer Tony West has said the company doesn’t plan to make changes to comply with the law and instead argues it already correctly classifies its workers as independent contractors.
In the meantime, many employers are already taking steps to comply with the law, said Orly Lobel, a law professor at University of San Diego. Some companies are converting workers from independent contractors to employees entitled to benefits like overtime pay and sick leave. Others are changing their practices to ensure their workers can legally be classified as independent contractors.
Still, a coalition of gig economy companies including Uber, Lyft and Doordash are pushing a ballot measure that would allow them to continue classifying their drivers as independent contractors while guaranteeing them some worker rights such as a minimum earnings guarantee. Opponents including Gonzalez have argued against the proposal, arguing the worker protections it promises are weak.
WELCOME, ANDREW
He’s not new, but he’s new to the Capitol Bureau!
Please join the team in welcoming reporter Andrew Sheeler, who just moved to Sacramento from San Luis Obispo this fall to join our team here in the capital.
Sheeler will cover breaking and general assignment political news, cannabis and the state Legislature. You may already know his name from countless bylines Sheeler’s already produced for The Bee. He’s been reporting on state politics for the last two years and he previously wrote for sister McClatchy publication The SLO Tribune.
Sheeler attended the University of Alaska Fairbanks, majoring in journalism and minoring in criminal justice. Before coming to California, Sheeler worked for newspapers in Oregon, North Dakota and Alaska.
Have news or a tip? Sheeler can be reached at asheeler@sacbee.com, or on Twitter at @andrewsheeler. And if you see him around the Capitol, feel free to say hello.
BROUGH SEEKS REELECTION
Bryan Anderson writes
Assemblyman Bill Brough has decided to run for reelection, despite a lack of support from his own party.
The decision from the Dana Point Republican comes as he faces a pair of investigation into alleged sexual harassment and potential campaign finance violations.
In a statement, Brough claimed “most see the complaints against me as political payback” and said he filed for re-election “after hearing from my constituency.”
In September, the Orange County GOP urged Brough to retire rather than seek another two years in office.
SANDERS, BUTTIGIEG GAINING STEAM IN CA
Also from Anderson ...
Bernie Sanders and Pete Buttigieg are seeing an uptick in support in California, according to a UC Berkeley poll of likely Democratic primary voters released on Thursday.
A greater portion of Californians are considering them, while fewer are considering supporting Elizabeth Warren and Joe Biden.
The poll finds that 58 percent of Californians expected to participate in the March 3, 2020 Democratic primary are considering supporting Warren — a decrease of 10 points since September. Biden’s potential support in the Golden State dropped by 7 points over the same period of time from 46 percent to 39 percent.
Meanwhile, Buttigieg’s possible support grew from 33 percent to 41 percent, while Sanders’ rose from 45 percent to 49 percent.
Sanders is the first choice of 24 percent of likely primary voters. Warren is in a statistical tie with Sanders, with 22 percent of respondents listing her as their preferred candidate. Biden ranked third in California at 14 percent, while Buttigieg trailed closely behind at 12 percent.
Sanders’ team pointed to its vast network of paid staff members and on-the-ground volunteers.
“We have built the largest grassroots campaign in the state, thanks to the working class people of California who have given their time and energy, and who have embraced the moral imperative of defeating Donald Trump and transforming our country for the better,” said Bernie 2020 California State Director Rafael Návar.
Návar singled out the Latino community for its latest surge, saying that “we do not underestimate their power in this election.” He also called the state of California “an essential part of Sen. Sanders’ movement.”
The margin of error for the 1,694 respondents who completed the online survey on behalf of the Los Angeles Times was 4 percentage points
A good read: How progressives are plotting to stop Pete Buttigieg’s rise in the 2020 race by David Catanese of McClatchy’s Washington Bureau.
QUOTE OF THE DAY
“Ooooh boy, better watch out guys. Felons are coming for #CA25. It’s cool, @georgepapa19 we’re ready for you and we have an army to make sure @ChristyforCA25 keeps the seat blue.”
- Former Rep. Katie Hill, D-CA, on Twitter. Porter was responding to George Papadopoulos, who’s running to fill Hill’s seat in California’s 25th District against Assemblywoman Christy Smith, D-Santa Clarita.
“That’s my seat, Katie,” Papadopoulos said. “Am coming for it. Flipping it red. #CA25”
Note: This section was updated to clarify former Rep. Hill responded on Twitter.
Best of The Bee:
Dental patients face years of debt, inflated bills with ‘out-of-pocket’ credit cards by Manuela Tobias
California’s Black and Hispanic college students are most likely to face homelessness while in school, according to a new California Student Aid Commission analysis, by Hannah Wiley
- California’s teacher pension fund wants to pay for a $300 million office tower on the Sacramento River with green bonds, a type of investment used to finance projects that meet environmental sustainability standards, by Wes Venteicher
- Despite the state’s strict gun laws, a quarter of Californians live in a house with a firearm, by Andrew Sheeler
This story was originally published December 9, 2019 at 4:55 AM.