I am writing to you as a long time Californian. In fact I am a fifth generation native of California and I have serious concerns. I have questions for you.
1. Do you believe in "Life, Liberty and the Pursuit of Happiness" in California? Yes or No is the only acceptable answer.. 2. If you say "Yes", is it a true "Yes" or a "Yes, but"...? A "Yes, but" is essentially a "No" If you say "Yes" I have more questions for you. Recently, as I am sure you are aware since you voted for it, A new bill was voted on and signed into law that has resulted in a few million people being made "illegal" workers and subject to being fined with exorbitant penalties in California. The freedom to be able to be classified and therefore work as Sole Proprietors/Independent Contractors was with the stroke of a pen removed by the passage of AB5. My question, is this what you intended when you voted for this? Did you really intend for so many very small businesses, non-profits, community theaters, festivals, home care workers, tutors, over 250 types of work and small business, the list is long and growing, to be put out of business "Yes" or "No"? If you answer Yes, thank you for letting me know. You have accomplished your mission, you have taken away freedom to choose how to make a living, and created the potential for more homelessness. By giving exemptions to a select few businesses and independent contractors you have caused inequality and discrimination to be codifed into California law. Is that what you intended when you were persuaded to vote in favor of this bill? Do you really believe this is constitutional, exempting some citizens but not others? Or maybe you actually wrote this bill, is this confusion what you intended? If not what are you going to do about it? Do you even know what is happening and why? Here is a page to read about the carnage and loss of work for so many. https://www.facebook.com/groups/FreelancersAgainstAB5/?fref=nf By adding the one sentence that must be satisfied in order to classify someone as an independent contractor and pay them, you have caused fear and confusion and made it nearly impossible for a bonafide and legitimate independent contractor to be contracted for work. (B) The person performs work that is outside the usual course of the hiring entity’s business. (Also stated in other parts of the law) Due to that one change in the way people are to be classified you have decided that it is nearly impossible to be in compliance. Do you believe in checks and balances, in the separation between legislation and courts? If so why have you not used your right to write your own language for a bill rather that codify a court case? If you say "Yes", then I hope you are receptive to some ideas. First idea: Stop explaining and defending why you voted wholeheartedly in favor, all along party lines, for a bill that had so much potential to cause such ruin. Stop sending out form letters using the court case to defend your reason for voting in favor of this. It is insulting and it makes you look ill informed. Second idea, Stop only voting for anything presented by your own party and voting against everything presented by your opposing party. It is showing us voters that you have blatant disregard for us. We notice. Third idea: Please actually read any bill, all of it, not just some summary or bullet points. That is what checks and balances are for, to foster open debate. Listen to any and all arguments about it with an open mind. It is hard for me to believe that you actually did this with AB5. If you had read it, had considered any opposing ideas, and been courageous enough to not vote along party lines, I would have more respect for you. If you had realized the ramifications you may not have voted for it, unless you truly wanted so many people to be put out of work. Fourth idea: Now that you see how this has caused and will cause so much damage and hardship "FIX IT!" One of the form letters I received asked for ideas. Here are some ways to fix it: First choice, repeal it then rewrite it. Write an emergency bill to repeal it. I think someone did that but was shut down due to being in an opposing party if I am not mistaken, but try it again if you are in the party in power . Second choice, Initiate a hold on the fines and penalties for misclassification crimes. Stop the loss of work while you rewrite it. How to rewrite it: . Due to one sentence in the way to classify people, the "B" part of the "ABC" companies are afraid to be the test case and are just flat out canceling contracts or stopping contracts with independent contractors even those who are supposedly "Exempt", therefore remove the B sentence as it is written and where ever it is written. If you must, replace it with language that allows bonafide independent contractors to be paid even if they are in the same line of business as long as they actually meet the other requirements which have already been in place for decades if not centuries. No exemptions are needed if the B is removed. Take away the unnecessary exemptions which are unfair, unconstitutional, and causing all the confusion. Clean up the language so people really know where they stand, as it is now even lawyers are confused and giving different opinions. The confusion is what is causing the loss of work!! Companies and sole proprietors want to comply but this confusion is stopping the hiring of any and all IC's. The party in power needs to initiate this, that is the only way any new legislation will be taken seriously in an out of balance legislature it seems. You are my representative, therefore I am appealing to you to take this on. Please tell me, what are you going to do about it?
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April 2021
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