The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

Posted by Victoria Strauss for Writer Beware®


Last year, California passed a new law, AB-5, intended to make things better for gig economy workers, such as Uber and Lyft drivers, by forcing these companies to provide employee protections and benefits for their freelance workers.

However, the narrowly-written law, which went into effect on January 2, has created unintended consequences for freelance writers, most of whom are independent by preference. If they sell 35 or more pieces to the same company in a year (which can easily happen with short blog posts or  product reviews), the company must treat them as employees rather than freelancers and pay payroll taxes as well as unemployment and other insurances. Even before the law went into effect, companies were laying off California freelancers and seeking replacements in other states.

Book writers may be affected too, under certain specific circumstances.

The article below was originally published by the Authors Guild; I'm re-printing it with permission. This is an issue all writers need to be aware of, as similar laws are under consideration in other states, including New York and New Jersey.


We have been receiving inquiries about California’s new law AB-5 and similar pending legislation in other states that require companies hiring individuals on a freelance basis for labor or services to treat them as employees, unless the individual’s work falls within one of several exceptions. Laws like AB-5 (which goes into effect on January 2) are meant to aid gig economy workers, such as Uber and Lyft drivers, who work for a single company and have no employee protections. They are well-intentioned pieces of legislation, but unless they are narrowly written, they can go beyond protecting gig workers and disadvantage many traditional freelancers who wish to remain independent by overriding existing state agency law.

To be clear, the Authors Guild fully supports employment protections for freelance journalists and authors, and will be lobbying for collective bargaining rights in 2020. Like Uber drivers, writers have no benefits and are often paid less than minimum wage. But forcing writers to work as employees, especially on a state-by-state basis, is not the way to go about it. The situation in California speaks to the importance of deliberation, careful drafting, and getting buy-ins from the various industry groups. Similar “gig worker” bills are in the works in New York and New Jersey. The new draft NJ bill includes a strict, sweeping version of the ABC test. Those working closely on the bill are concerned that freelance journalists will in many cases be treated as employees. We will watch the bill and do our best to ensure that the necessary protections for freelance journalists are added.

* The NY bill attempts to exclude freelance journalists, and we have provided comments to the drafters to make it clearer.* (correction 12.30.19)

AB-5’s 35-Submission Cap

As many of you are aware by now, much of the debate surrounding AB-5 comes down to its 35-submission cap applying to the contributions of freelance journalists, editors, and photographers. When the bill was being negotiated, a coalition of writer and photographer groups, including the Authors Guild, was able to get an exception for freelance writers. Unfortunately, Assemblywoman Lorena Gonzalez, who sponsored the bill, added a cap of 35 pieces per company—meaning that once a freelance journalist or editor submits 36 articles or jobs for the same company in one year, the freelancer must be treated as an employee and the employer must pay California State unemployment and employee insurances.

Many full-time writers today patch together a living from different sources—and they want to keep it that way. Because of AB-5, California freelance journalists writing 35 or more pieces for a single company fear losing clients to writers in states with laxer laws. Indeed, some publications have already stated that they will not hire California freelance writers because of the new law. 35 articles might seem like a lot, but there are plenty of writers who write more than that. Writing a short weekly blog piece for a client could easily put a writer over this limit.

Another problem with treating writers as employees and not freelancers is that employee-writers do not own the copyright in their work; instead, the employer is considered the “author” under copyright law and automatically owns the copyright in its creation. Of course, as most major publications today insist on an assignment of copyright anyway, the practical effect, unfortunately, is the same: the writer gives up copyright. Still, freelance writers who assign copyright can reclaim it after 35–40 years, which is a benefit that employee-writers lack.

Does AB-5 Apply to Book Contracts?

Authors have raised alarm that AB-5 will apply to book writers as well. The Authors Guild has been reviewing the bill from that perspective since it was first introduced. We were assured by those working on the bill that trade book authors are not covered, and we do not see a basis for disagreeing since the bill clearly states that AB-5 applies only to “persons providing labor or services” and authors provide neither “labor” nor “services” under standard book contracts—they instead grant copyright licenses or assignments. Additionally, royalties—even in the form of advance payments—are not considered wages. It is difficult to imagine how a court would conclude that a typical book contract is for labor or services.

Writers with Service-Like Obligations Should Get a Legal Opinion

There are, however, some book-writing agreements that could be considered service agreements and arguably would fall under AB-5, such as work-made-for-hire agreements and contracts where the author has ongoing obligations and the publisher has greater editing ability or control over the content. Authors and writers working under multi-book contracts are most likely to encounter such a situation. These authors’ contracts should be reviewed by an attorney to determine whether they are subject to AB-5. Publishers and authors who want to be certain to retain a freelancer relationship should be careful to make sure the contracts are written as simple license grants and not as services agreements. For instance, the agreement should be written as a copyright grant of a defined work without interim or ongoing obligations, and remuneration should be in the form of royalties and advances against royalties. The writer should also have full control over their work and use their own workspace and tools. As a general rule, it is also recommended that freelance editors and journalists have written contracts that allow them to work when and where they want with no oversight other than approval of the finished work product.

If you have such a contract and are an Authors Guild member, remember that we do review members’ contracts for free. You can send us the agreement using our online form, and our legal team will get you comments and let you know if you need to revise the agreement.

UPDATE 1/16/20: Washington (State, not DC) is contemplating a bill like this as well. From the comments, below:

WA should be on your watchlist, too. An AB5-like bill was just re-introduced in the Senate there, even though it had been defeated last year. It, too, requires writers and other freelancers and independent contractors be hired as employees when their works contribute to the normal business of their clients. The bill ignores a study of independent contractors that was prepared by the Dept of Commerce after the bill's defeat. The study documents that 3/4 of the independent contractors in WA don't need or want the employee benefits touted by the bill's advocates. Between their own efforts and those of their families and friends, they're doing fine. Read the study yourself then write to Sen. Karen Keiser about your opposition to being made employees against your will.

The study: https://app.leg.wa.gov/committeeschedules/Home/Documents/26113?//20902
Senator Keiser: karen.keiser@leg.wa.gov

A similar law may be in the works in Illinois.

UPDATE 1/20/20: This article from Digiday explores the negative impact that AB-5 is already having on freelancers and publishers in California.

Many people have turned to jogging during the coronavirus crisis. These shoes, apps and gadgets can help you get going

With gyms and leisure centres closed, many people have turned to running. You can literally just step out of your door and begin your government-approved exercise but, if you want to make the most of it and improve your health and fitness, a few small things can go a long way.

Continue reading...

His 1955 song Tutti Frutti, with the lyric ‘awopbopaloobop alopbamboom’, and a series of follow-up records helped establish the genre and influence a multitude of other musicians

Little Richard, one of the pioneers of the first wave of rock’n’roll, has died. He was 87.

Richard – whose real name was Richard Penniman – had been in poor health for several years, suffering hip problems, a stroke and a heart attack.

Continue reading...

Healthcare systems need to prepare for the extensive physiotherapy and mental rehabilitation that people put on ventilators for covid-19 will need as they recover

I’m back from my doctor’s visit! It was nothing but good news. The outside walls of the clinic are covered with swarms of chironomid midges! Everywhere I looked, there they were, clinging to the brickwork. This is one big buffet for spiders that I’ll have to check again later, but I didn’t see many today […]

Almost half a million people are at "high risk" of homelessness, local councils warn government.

The self-styled "king and queen of rock 'n' roll" - who inspired Elvis and The Beatles - dies at 87.

Education unions say they want scientific evidence it is safe for teachers and pupils to return.

The CEO of a social care firm says there is a surge in demand for live-in carers due to coronavirus.

Ace Indian pacer Mohammad Shami has revealed that he played the 2015 World Cup, held in Australia and New Zealand, with a fractured knee. "I had knee injury during the 2015 World Cup. I couldn't walk after the matches I played throughout the tournament with the injury. I played the 2015 World Cup because of Nitin Patel's confidence.

"The knee broke in the first match itself. My thighs and knees were the same size, doctors used to take out fluid from them everyday. I used to take three painkillers," Shami told former Indian pacer Irfan Pathan during a candid chat on Instagram live on Wednesday. Shami was the second highest wicket-taker for India with 17 wickets out from seven matches and was only behind Umesh Yadav, who played a game more than him and picked 18 wickets. The 29-year-old credited also former skipper M.S. Dhoni for motivating him to carry on playing despite the pain throughout the tournament, especially in the semi-final at the Sydney Cricket Ground where they lost to eventual champions Australia. Chasing 329, India were bundled out at 223 and bowed out of the World Cup. "Before the semi-final match against Australia, I told the team that I cannot take any more pain," said Shami. "Mahi bhai and the management showed faith in me and they really kept confidence in my abilities.

"I played the match and gave just 13 runs in my opening spell. Then I went off the park and told Mahi bhai that I cannot bowl any longer. But he told me he cannot go to part-time bowlers and asked me to not give away more than 60 runs. I have never been in such a condition like this, some had said my career is over, but I am still here," he added. During the chat session, Shami also said Test cricket as his favourite format of the game due to the intensity of the cricket involved in it. "For entertainment purpose, I would like to choose T20 format but I would like to play Test cricket for the intensity of the game," he told Pathan. He also said that young wicketkeeper-batsman Rishabh Pant has amazing talent. "Rishabh's talent is amazing and it is not like he is my friend that is why I am saying. It is just about confidence, the day he got that confidence, he will be very dangerous," Shami said. The right-arm pacer last featured in the Test series in New Zealand wherein he bagged five wickets as India were whitewashed in the two-match rubber.

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Veteran actors Neena Gupta and Sanjay Mishra gorge on "puris" in a throwback video during their shoot for the upcoming film "Gwalior".

In the clip, shared by Neena on Instagram, the two actors can be seen feasting on hot puris in a restaurant and singing their funny version of "Do deewane sheher mein". In between bites, they updated the song thus: "Do chatore sheher main". "Just to make you smile 'Gwalior' film with @imsanjaimishracoming soon!"

 

 

 

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A post shared by Neena Gupta (@neena_gupta) onApr 22, 2020 at 9:54pm PDT

"Gwalior", a thriller, is co-directed by Rajeev Barnwal and Jaspal Singh Sandhu. Neena also shared a new photograph of herself flaunting a new hairband. "My new hair band look," she wrote.

Recently, she shared a video of herself holding a lawn mower and cutting the grass. On the work front, Neena will be seen sharing screen space with her daughter Masaba in her Netflix's show "Masaba Masaba".

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Like all responsible parents, Aastha Pashte, 28, took her two-day-old baby to a clinic for vaccinations, never imagining that the life-saving injections could turn life-threatening. It was only three weeks later, when the infant developed a mysterious fever, that Aastha discovered that the clinic had forgotten a 2-cm needle inside her child's bottom.

It took a two-hour surgery to remove the foreign body at the Bai Jerbai Wadia Hospital for Children. Once the child is discharged, the family is planning to sue the clinic that forgot the needle.

X-ray shows the needle dangerously close to the hip joint

Scans show needle
The baby boy, who is Aastha's first child, was born in perfect health on June 17. A couple of days later, the Chembur resident's family took the child to a local clinic for vaccination. Everything was normal until the 21st day after birth, when the infant became feverish. "When we took him to a private doctor, she thought it was the flu and prescribed some medicines. But when the baby didn't show any relief, we took him to Wadia hospital, where we were shocked to learn that there was a needle inside his buttock. Suddenly we realised why he cried every time we massaged oil on his buttocks," recalled Aastha, while talking to mid-day from the NICU.

Dr Minnie B

At first, the baby was diagnosed with osteomyelitis, an infection of the bone. But X-rays and CT scan showed a persistent shadow, indicating a foreign body. The parents then realised that it was the vaccination needle still stuck in their child's bottom, almost deep enough to graze the hip joint. On July 10, a surgery was performed to remove the needle. The baby is now stable and recovering in the neo-natal intensive care unit (NICU) at Wadia hospital.

Rare case
This was a first-of-its-kind case for the hospital. Dr Pradnya Bendre, paediatric surgeon at Bai Jerbai Wadia Hospital, Parel, said, "The baby was taken for intra-operative surgery for removal of the foreign body. It was difficult to find the exact location; hence, multiple X-rays were taken. It took two hours to remove the needle under C-arm guidance localisations. The 2-cm needle was found embedded in the capsule of the left hip joint and the baby has recovered uneventfully without any complications."

"The needle had gone deep inside, and it was extremely challenging to perform the surgery on a newborn without making a big incision. Thankfully, the child was diagnosed without much delay. We want to highlight the issue so that such a blunder is not repeated in the future," said Dr Minnie Bodhanwala CEO Wadia Hospitals.

Also read: Mumbai: 1-month-old baby has narrow escape as maternity ward ceiling crumbles

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