what are the consequences

sdbrit68

Student Of The Blues
I would really love to hear @Griff opinion on this. In many areas, seeing live bands has been going downhill for a while, but, I am sure will come back, things go in cycles.

If I am reading these articles correctly, this could kill doing gigs in a small bar, or studio work. What happens if you are a solo guy who does parties, or a DJ ?

Now you can no longer be an independent contractor ?


https://www.wired.com/story/california-gig-workers-become-employees/
 

PapaRaptor

Father Vyvian O'Blivion
Staff member
I suspect the musician classification in this bill was sponsored by Muzak and Spotify!
Without seeing the actual bill, I have a difficult time seeing how this could possibly be manageable for any business that has live music.
On the face of it, it sounds like a tax grab.
 

MikeR

Guitar Challenged
Staff member
It seems the big problem for the little guy would be for recording, where you need to "hire" additional musicians. Likewise, big time musicians that employ dancers, roadies etc. Looks to me like the solo guy and even bands would meet the 3 conditions for an independent contractor when playing a gig at a local bar etc.
 

Griff

Vice Assistant General Manager
Staff member
WARNING: you might think my politics are showing, but really it's just my experience here in California since 1989...

I don't think this has very much to do with musicians, and a lot more with guys who drive for Uber/Lyft and that sort of things. Musicians don't make much in the grand scheme, around here. so don't contribute much to the tax pool. There are many other industries where it's a much bigger deal.

California has a habit of making heavy-handed laws that have unintended consequences, I've seen it repeatedly in the time I've been here. They also have a habit of making laws that aren't really all that enforceable, like this one. I don't think much of anything will change anywhere for anyone. But I've been wrong before.

I will say that, as a band leader, it's super discouraging that I can be sued by someone on my bandstand because I didn't offer them health benefits... that is the real problem here, this creates a climate of fear.
 

Griff

Vice Assistant General Manager
Staff member
What seems really strange to me is the fact that, according to the Forbes article anyway, the AFM was so against it, and wasn't really interested in working to get an exemption as so many other industries got.
 

sdbrit68

Student Of The Blues
What seems really strange to me is the fact that, according to the Forbes article anyway, the AFM was so against it, and wasn't really interested in working to get an exemption as so many other industries got.

I am wondering if that is because, unlike the 80's, people have home studios, they can make incredible mastered tracks now, and with the ability to launch as an indie with amazon and everything, the big guys are getting cut out

Usually, I am a follow the money and you get a reason
 

CaptainMoto

Blues Voyager
From a Music business Blog:
Word is that the various music industry organizations cannot agree on the exact wording of an exemption though, which could mean no exemption at all if the Bill passes.

Until now, works could be classified as independent contractors if they met the following criteria:

1. they are free from control and direction of the company that hired them while they perform their work

2. the worker is performing work that falls outside the hiring companies usual type of business

3. the worker has their own independent business or trade beyond the job for which they were hired.

If that language was included in AB5, then the music industry could breathe a sigh of relief. If not, Oregon and Washington might see their music scenes explode soon.
 

sdbrit68

Student Of The Blues
With the history of the CA legislature and its never ending supply of unintended consequences you're probably right. But the legislation will probably be directed at the oil industry and the only people hurt will be the buskers. :rolleyes:
every time I hear them say

"This will bring in another 8 million in tax revenue"

I am sitting here thinking, why dont we quit spending
 

sdbrit68

Student Of The Blues
well, I hope they come up with an exemption for live musicians, I would love to see live music make a come back
 

MarkDyson

Blues Hound Wannabe
With all those cats and up-state trees, you must have a negative blood pressure. Cali-tics shouldn't phase you. :Beer:

I have a problem where I let myself get riled over "essential dumbness" that I can't do anything about. My best strategy for dealing with it (that doesn't involve shots) is look the other way and let 'em be. And get off my g-d lawn. :Beer:
 

Griff

Vice Assistant General Manager
Staff member
Got an interesting email (well, Laura did, since she has to be an AFM member to work at Disneyland) and they say that band leaders will not be held up as employers, so that nothing should change in my world.

Granted, everyone's lawyers can, at this point, say what they think. Until someone gets sued and the law ends up in a court, we're all guessing.
 
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