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!

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!

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!

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!

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.

Locate S,1 “After the Final Rose” The first time I heard this song was the first time I saw Christina Schneider and Locate S,1 perform live last year, when they were opening for Of Montreal at the Bell House. I was immediately blown away by the verse melody – “women in love, women in airplanes […]

Muzz “Bad Feeling” Muzz is a new band by Paul Banks from Interpol, but despite the fact that he sings and plays guitar in this band, they do not sound much like Interpol. Banks still sings as he would normally, but without having to lock into the tight rhythms that define that band’s aesthetic. Whereas […]

Little Simz “Might Bang, Might Not” I love the way Little Simz’ vocal performance in this song feels like she’s competing with the beat, like she’s trying to outpace it or outlast it. I imagine it like an elaborate tap dance routine, fast and precise in its movements. It would be enough to carry the […]

The last few weeks have seen Virginia racked by government scandals, including Democratic Gov. Ralph Northam and Attorney General Mark Herring’s histories with blackface, and allegations of sexual assault against Lt. Gov. Justin Fairfax. Democratic Party leadership has since swiftly called for the resignations of Northam and Fairfax — demands that some on both sides of the aisle […]

America had come together, setting aside all of our own wants and needs, to engage in the single greatest act of human kindness in history. We all stayed home, at […]

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.

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Russian media pours scorn on Europe, but the only progressive way forward for our common continent is together

In the early 1990s Russia used to have a strong sense of belonging in Europe. This began to change: the post-Soviet shock therapy reforms were a punishing transition to a free-market society, when a kilogram of sausage cost about the same as a monthly pension and many families experienced malnutrition and hunger. The sudden shift to a more “westernised” way of running the economy left many impoverished, which was eventually capitalised on – after the oligarchic power wars – by a new political leader who embraced a conservative, nationalist rhetoric: Vladimir Putin.

Today, Russian television presenters feed us stories about a European continent in decay, where “aggressive migrants” run amok, where social services take children away from their parents for being “slapped”, where “sexual minorities” destroy traditional families.

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When a group of schoolboys were marooned on an island in 1965, it turned out very differently from William Golding’s bestseller, writes Rutger Bregman

• Interview: ‘Our secret superpower is our ability to cooperate’

For centuries western culture has been permeated by the idea that humans are selfish creatures. That cynical image of humanity has been proclaimed in films and novels, history books and scientific research. But in the last 20 years, something extraordinary has happened. Scientists from all over the world have switched to a more hopeful view of mankind. This development is still so young that researchers in different fields often don’t even know about each other.

When I started writing a book about this more hopeful view, I knew there was one story I would have to address. It takes place on a deserted island somewhere in the Pacific. A plane has just gone down. The only survivors are some British schoolboys, who can’t believe their good fortune. Nothing but beach, shells and water for miles. And better yet: no grownups.

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Epidemiologists use the term to describe tragic excess deaths – but for Covid-19 it seems to be the de facto government policy

There’s a term we use in epidemiology to capture the essence of increases in deaths, or excess mortality, above and beyond normal expectations: “harvesting”. During heatwaves, or a bad season of influenza, additional deaths above what would be normally seen in the population fit this description. Harvesting usually affects older people and those who are already sick. Generally, it is viewed as a tragic, unfortunate, but largely unpreventable consequence of natural events. It carries with it connotations of an acceptable loss of life. It is, in a sense, what happens as part of a normal life in normal times. But the word also has darker connotations: those of sacrifice, reaping, culling. As such, while it may appear in textbooks of epidemiology, it doesn’t occur in national influenza strategic plans or national discourse. The concept of harvesting is restricted to epidemiological circles.

But what if politicians promote the notion of harvesting (while declining to use the term) where it is not a “natural” consequence of events but a direct consequence of government policy? What if the medical and nursing world do not accept harvesting in these circumstances? What if a policy that results in harvesting cannot be articulated because it is unacceptable to the broader population? This is where we have got to with the coronavirus pandemic. Nowhere better exemplifies this tension between a policy and its popular acceptance than the effects of coronavirus in nursing homes.

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Your questions answered on what type of mask to wear to cut the risk of getting Covid-19

• Coronavirus – latest updates
• See all our coronavirus coverage

Yes. Different types of mask offer different levels of protection. Surgical grade N95 respirators offer the highest level of protection, preventing the user from becoming infected with Covid-19, followed by surgical grade masks. However, these masks are costly, in limited supply, contribute to landfill waste and are uncomfortable to wear for long periods. So even countries that have required the public to wear face masks have generally suggested such masks should be reserved for health workers or those at particularly high risk.

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Мессенджер затянул, как минимум, запуск групповых видеозвонков..

The post Plot is what characters do with the setting. appeared first on Indexed.

Even if we find drugs that are effective against the coronavirus, that doesn't necessarily mean they will change the wider situation and help end lockdowns