Why California labor is worried about the Gavin Newsom recall election
Erica Sandberg sees Gov. Gavin Newsom recall election as a chance to kick him out of office and overturn a law he signed that she says threatened her livelihood.
She’s among the independent contractors who mobilized to fight Assembly Bill 5, the 2019 law that requires employers to give benefits to more workers. She ultimately became exempt from the law as a freelance writer, but she worries it still jeopardizes the livelihoods of hundreds of thousands of freelancers from musicians to translators.
Newsom “did not fight for freelancers, and it turned a lot of people away from him, and it really resonated,” said Sandberg of San Francisco.
Her calculation that workers like her are better off with a new governor runs counter to the bet California unions are making on the recall.
Unions have kicked in more than $10 million to defend Newsom. Their leaders say they’re wary of a Republican like front runner Larry Elder or conservative lawmaker Kevin Kiley who might push policies they view as hostile to California workers.
A candidate elected in the recall might not be in the office for long. The candidate would have just one year in office before facing voters again in the 2022 election. Democrats also have a supermajority in the Legislature, meaning they can override any veto from a Republican governor.
“What we have with Gov. Newsom is an administration who’s willing to work, who wants to do the work,” said Alma Hernandez, the executive director at SEIU California. “What you would have with the recall candidates is the people who don’t care enough about the workers to do the work.”
Still, a new governor would have executive power in deciding how to enforce California’s labor laws.
That could mean scaling back enforcement of AB 5, the labor law that pulled Sandberg into politics two years ago. A GOP governor could appoint officials to positions where they could steer policies to benefit businesses over unions.
A governor also could postpone increasing the state’s minimum wage for workers in smaller employers. The state also oversees collective bargaining for farmworkers, who are excluded in national labor law.
“You can have laws on the books but if nobody enforces them, corporations can take advantage of,” said Steve Smith, a spokesman for the California Labor Federation. “I fully expect any of the Republicans to completely walk away from enforcing not only misclassification laws but a whole constellation of labor laws that protect workers.”
Some business advocates, however, say they are ready for new leadership after 11 years of Democratic administrations.
“Legislators are too afraid to stand up to big labor,” said Tom Manzo, the president of the California Business and Industry Alliance. “I have all the hope in the world we get a new governor who’s going to do something and help businesses.”
Recall candidates on AB 5
If elected, recall candidates would quickly face a number of policy issues affecting workers, from AB 5 to unemployment insurance and workplace COVID-19 mask mandates.
All of the Republican candidates who are registering in polls pledge to take a business-friendly approach to those policies that they contend would boost employment and encourage job creation.
Several candidates say they would support repealing AB 5.
Former San Diego Mayor Kevin Faulconer signed a letter last year with San Jose Mayor Sam Liccardo supporting rideshare companies Uber and Lyft’s fight against AB 5. Faulconer also wrote an op-ed in Business Insider supporting the 2020 initiative Proposition 22, which exempts rideshare and delivery drivers from AB 5.
Elder in a recent interview with KUSI in San Diego said AB 5 should have never been passed.
“What is the government’s business determining the relationship between a willing seller and willing buyer of labor? It’s as offensive as a minimum wage law,” Elder told KUSI. He voiced support for abolishing the minimum wage in an interview with McClatchy’s California editorial boards.
Kiley’s campaign in a statement said he would “roll back” the fines, penalties and audits related to AB 5 and push lawmakers to pass a law that “enshrine the right to earn a living.”
He introduced a bill last year calling for the repeal of AB 5, although it failed to get a committee hearing. That’s why freelance writer Sandberg plans to vote for him.
COVID-19 in California workplaces
If Newsom loses, a new governor could be in office by the end of October and will quickly face decisions on workplace and safety wages.
Most immediately, a governor could have to decide whether to continue offering workers two weeks of COVID paid sick leave. The law signed by Newsom in April expires Sept. 30.
Three Republican recall candidates — Cox, Faulconer and Kiley — at a debate this week said they would repeal Newsom’s recent mandates requiring health care workers and state workers to become vaccinated against COVID-19 or accept regular testing.
Kiley’s campaign said he would go further and “forgive all COVID-related fines, penalties and license revocations” and provide liability protection for businesses.
Faulconer’s campaign said he has consistently opposed mandates, saying education is the best answer. But “reasonable mitigation measures” such as wearing masks could be warranted depending on the state of the pandemic, the campaign said.
John Cox’s campaign in a statement said he would be “focused on getting people back to work and how much money it can give back to the taxpayers.”
This story was originally published August 20, 2021 at 5:25 AM.
