California musicians would be exempt from new labor rule under proposal from law’s author

A new California law that compels employers to give full-time benefits to more workers could soon be adjusted to exempt many musicians, allowing them to pursue gigs as independent contracts.

Assemblywoman Lorena Gonzalez, the San Diego Democrat who wrote the law announced Friday that she is partnering with Assembly Majority Leader Ian Calderon, D-Whittier, to exempt many jobs in the music industry from what is known as Assembly Bill 5.

The law codified a state Supreme Court ruling known as Dynamex, forcing businesses to reclassify some independent contractors as full-time employees.

Musicians have complained the law was impractical for them and that it drove up the costs of events and festivals. Lawmakers this year submitted dozens of bills to modify the law, proposing more exemptions.

Gonzalez said she will seek to amend the law to add flexibility to the music industry, “while protecting the right for musicians to have basic employment protections just like every other worker.”

Under her proposal, musicians, vocalists, composers, songwriters, lyricists, musical engineers, sound mixers, record producers and others involved in the creating, marketing, promoting or distributing of music would have exemptions from the labor law.

The law also will exempt musicians in standalone performances, provided the crowd size doesn’t exceed 1,500 for a concert venue or 18,000 attendees for a music festival.

Under Gonzalez’s plan, AB 5 will continue to apply to musicians who regularly perform in a theme park setting, in a symphony orchestra, in a musical theater production or who are performing as part of a tour of live performances.

The announcement comes as some continue to criticize the landmark workforce law.

Recently, more than 150 economists and professors, including Nobel laureate Vernon Smith, signed a letter calling on Gov. Gavin Newsom to suspend AB 5 because of the economic downturn leveled by the coronavirus pandemic.

“A mountain of work needs to be done, deliveries made, and people stranded at home helped to receive groceries and medications. Meanwhile, furloughed Californians stand on the verge of being wiped out financially because the law prevents them from working part time in a variety of indispensable positions,” the letter read, in part.

This story was originally published April 17, 2020 at 3:49 PM.