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By Quinci LeGardye | California Black Media  

Black Americans were already in the midst of two disasters this year – the disproportionate toll of the COVID-19 pandemic and a spate of horrifying incidents of police brutality — when fire season in California started early. Wildfires have burned over 3.1 million acres in California since the beginning of the year, breaking the record for the deadliest year of wildfires in the state, according to CalFire. 

Though Black communities are disproportionately vulnerable to and impacted by disasters, Black households are less likely to be prepared for disasters than White households, according to the NAACP. 

This September, which is Emergency Preparedness Month, some Black activists as well as community-based organizations have been partnering with Listos California, an emergency preparedness campaign anchored in the Governor’s Office of Emergency Services (CalOES). These partnerships are aimed at getting the word out about emergency preparedness to diverse communities through more accessible and impactful means, such as artwork and person-to-person conversation.  

“Listos California awarded $50 million in local assistance grants to non-profit organizations throughout the state to build resiliency in vulnerable communities and connect residents to culturally and linguistically competent support — a whole community approach that fosters critical networks that can save lives. This month, I urge all Californians to learn about how they can help keep their loved ones and communities safe during an emergency,” said Gov. Gavin Newsom in his declaration for Emergency Preparedness Month. 

For Aliyah Sidqe, a Sacramento-based artist who depicts Black life in America, it’s important for the Black community to be prepared to fend for themselves, she says, in an emergency situation. 

“The Black community is already subject to a lot, and we’re not thought about all the time. It’s important for us to take matters into our own hands and really be prepared for what’s to come because sometimes we’re not considered in the game plan as far as what the world needs to do,” Sidqe said. 

According to a poll of California residents living in zip codes at risk of floods, wildfires or earthquakes, conducted by EMC Research, 88 % of vulnerable residents agree that preparing for a disaster is important. However, those respondents admitted to not taking action to prepare because they think doing so is scary (63%), expensive (61%) or time-consuming (54%). 

“I think a portion of people don’t take certain things seriously, or they’re not really thinking about all that is going on right now. It’s easier just to kind of push that to the back of your mind. But I think the fact that we’re already marginalized makes it super important for us to really be ready to take care of ourselves and be prepared for anything,” Sidqe said. 

Since partnering with Listos California, Sidqe has started conversations with family members and friends about what they would do during emergencies.  

“Before I really hadn’t thought too much about it, but it did kind of spark that, for my partner and me — conversations like where would we go if we did have to evacuate. Actually, in our area, there was a fire really close to us and a few neighborhoods had to evacuate. So, we did put a plan in place of where we would go in case that would happen.” 

The Young Visionaries Youth Leadership Academy, a nonprofit serving youth in San Bernardino County, has been sharing information about emergency preparedness alongside their ongoing COVID-19 relief efforts. During their relief events, which include twice-a-month drive-thru distribution of essential items, CEO Terrance Stone and the Young Visionaries staff inform community members about the importance of being prepared.  

“I’ve been introducing the program like this: I always ask if somebody came and knocked at your door right now, and told you that you have five minutes to pack your necessities and go, are you going to be able to get what you need within those five minutes? It’s an eye opener for everybody, because then they’re like, wait, like what do I actually need,” said Jennifer Rosales, Administrative Assistant at Young Visionaries.  

“I tell everybody, it doesn’t have to be expensive. You don’t have to go out and spend $200, $300 to try to get a go-bag or a ready bag. I think the number one thing is this: Just look at your basic needs, something that you need every day, and then just start that way. It’s important to know that it doesn’t have to cost you a lot of money to keep your family and your friends safe,” said Rosales. 

El Sol Neighborhood Education Center is coordinating outreach activities with 11 community groups from different parts of San Bernardino County.  

“We have developed specific strategies to target specific communities. We have to bring cultural brokers or cultural speakers so that they understand the language, the culture and the lived experiences of each target community. We partner with agencies and churches — African American, Asian American, Latino and Native American partners. Each group knows how to best reach the people in their own communities”, says Alex Fajardo, El Sol’s executive director.  

The Listos California website has Disaster Ready Guides in multiple languages if readers want to know more about what to have prepared for an emergency. 

Over the weekend on September 19^th, local recording artist and community activist Justified Smith and his organization Fathers In Hip Hop brought a big blessing to the High Desert with their BLESSED IN THE MESS RELIEF EFFORT CAMPAIGN, by going to the Walmart Super Center/Victorville on 395 and Palmdale Rd. to bless the mess. Earlier in the week Justified and his team of supporters and contributors raised $2,000 and all of it went towards the purchase of Walmart gift cards in the amounts of $50 and $100.  

After the purchase of the gift cards, Justified along with his rap comrade Big2daboy and their teams walked through the store in search of fathers and families to bless randomly with the gift cards to go towards their purchases. Adelanto city council candidates Daniel Ramos and Roy Isaiah joined Fathers In Hip Hop on this day and helped with the distribution of the funds.  

Adelanto Mayor Gabriel Reyes & City Commissioner Daniel Ramos also joined in on the giving by making a donation of $500 to the campaign on behalf of the City Of Adelanto. They believe in what Justified and Fathers In Hip Hop are trying to accomplish with the fathers in their city.  

Justified believes that if you bless the fathers, the families will be blessed as well. Giving these gift cards to the fathers is their way of acknowledging and honoring ACTIVE FATHERS and saluting them for accepting the call of duty and being present in their children’s lives. He also believes that spending time is just as important as spending money when it comes to being a father. 

$1,200 in gift cards were distributed to fathers and their families inside of the Walmart. The following day Sunday September 20^th Justified, Daniel Ramos, and Mayor Gabriel Reyes took the remaining $800 in gift cards to the streets on the north end of Adelanto, and visited an apartment complex where they sought out and found more fathers to bless with the gift cards. The fathers that were fortunate enough to receive this unexpected blessing were overwhelmed with gratefulness and really appreciated the gift cards. While out distributing the cards they came across a team of first responders and decided to bless the Adelanto Fire Department with a Gift Card in the amount of $50 to honor of the fathers on their team, and advised them to take the blessing and use it for their Fire House.  

Justified and Fathers In Hip Hop are determined and committed to be a blessing to the fathers and families of the high desert. All the money is was raised by donations from local businesses and supporters who believe in the mission of Fathers In Hip Hop and what they’re doing with their Blessed In The Mess Relief Effort. If you want to participate in the giving, you can do so by making a donation to their cash app $fathersinhiphop. You can also connect with the Fathers In Hip Hop via email at fathersinhiphop@gmail.com or follow them on Instagram

SACRAMENTO – Governor Gavin Newsom issued the following statement today regarding the passing of Supreme Court of the United States Associate Justice Ruth Bader Ginsburg:

“Justice Ginsburg devoted her extraordinary life and intellect to making the words of our nation’s founding documents more true. Throughout her historic legal career, her contributions as a jurist to the cause of equality for women and men were unmatched. Justice Ginsburg fought tirelessly for the rights of women at work, at school and in the life of our nation. She proved over and over again that sex-based discrimination harmed not just women, but men and families, and that reckoning with this inequality was required for our nation to live out its promise.

“In moving our nation forward, she inspired millions among us, including so many women and girls, to reach higher, dream bigger and dissent more passionately. Though this loss is incalculable, her legacy will live on in the fairer, more just society that she bravely ushered in and that we must, to honor her, safeguard. Our thoughts and prayers are with her colleagues, her family and all Americans in mourning.”  

SAN BERNARDINO, CA—- San Bernardino Valley College (SBVC) has been named one of the best online community colleges in California in a recent announcement by national college ranking website Learn.org. In the wake of the global COVID-19 pandemic, most Inland Empire college students are continuing their educational journeys remotely from the safety of their homes. From its incredibly low cost at $46 per unit, to its extensive availability of financial aid assistance and diversity of academic programs, SBVC continues to be a top choice for higher education in the region.

In its selection of the top online community colleges, Learn.org considered data from the National Center for Education Statistics (NCES) and the U.S. Department of Education and evaluated quality of programs, student outcomes, cost, accessibility, and

other factors “critical to students’ academic decisions.” SBVC was ranked number 7 out of the top 25—out of a total of 116—community colleges across California. The website also ranked SBVC as having one of the highest percentages of students receiving financial aid, at 82%. In addition to providing financial aid to students, the college has distributed hundreds of laptop computers and high-speed internet hotspots to students to facilitate online learning during the COVID-19 pandemic and kept its Valley 360 Resource Center (food pantry) open on campus, where students can pick up a free, pre-packaged bag of food or hygiene items every week.

SBVC offers an extensive variety of degrees and certificates fully online, such as administration of justice, anthropology, business administration, philosophy and sociology, as well as many more that are being offered virtually temporarily during Fall 2020 and Spring 2021. To learn more about online learning at SBVC, visit www.valleycollege.edu.

By Antonio Ray Harvey | California Black Media 

In less than one month, the State Bar of California has been roiled in high-level personnel snafus involving two prominent Black California women. 

In July, the California State Bar offered Fredericka McGee, a respected California legislative attorney, the position of executive director. Then, in August, the organization which serves as an administrative arm of the State Supreme Court and is charged with protecting the public interest, reportedly rescinded that offer without an explanation. McGee has been a licensed attorney with the Bar for almost 30 years.? 

Then, last week, Debbie Manning, a member of State Bar’s 13-member board — the only African American serving on the governing body — abruptly resigned midway through her term. Manning was appointed to a four-year term by the state Senate in 2018.? 

Manning, a “non-attorney” member, was appointed to a four-year term by the State Senate in 2018. Previously, Manning was not only the first Black woman to join the Legislature’s?Office of the Senate Sergeant-at-Arms in 1977, she was also the first woman to serve as Senate Chief Sergeant-at-Arms. She held that position from 2014 until 2017.  

Manning’s resignation came just one week after the Bar met to discuss the hiring of the next executive director with extended public comment in support of McGee after which the board went into closed session but did not report any decision or action. Manning did not give a reason for leaving. 

Powerful Support: State Leaders Defend McGee at Board Meeting 

At the Friday, September 4 State Bar public board meeting, supporters urged the body to reconsider its decision and renegotiate with McGee for the executive director position. That meeting was delayed when an individual wrote the “n” word several times and other profanity directed toward Black people in the Zoom meeting chat box, which caused the meeting to be delayed for almost an hour. 

Despite the delay, a diverse group of people spoke at the meeting in support McGee — supporters say a testament to her rapport with lawmakers; attorneys of all colors and backgrounds; business leaders; members of the African American community; leaders in major service organizations, and more.??Among them were representatives of the California Association of Black Lawyers, SEIU, Planned Parenthood and the ACLU.? 

Assemblymember Shirley Weber (D-San Diego), speaking on behalf of the California Legislative Black Caucus (CLBC), was the first speaker to address the board of trustees. 

Weber said, speaking on accounts of published reports, that McGee’s situation is one of the reasons the CLBC talks about the “increase of representation of people of color, particularly African Americans in all aspects.”  

Weber said the Bar’s alleged withdrawal “brought tremendous concern” to members of the CLBC. 

“(McGee) had accepted the position, was making efforts to move, change her residency, and basically move around for this position, and then all of sudden the position was withdrawn,” Weber said. “We stand united in requesting that you provide the state bar the best leader as possible, as we’ve always found that to be of the character and qualifications of Ms. Fredericka McGee.” 

In closing, Weber referenced the constitutional relationship between the Legislature and the State Bar. The Legislature annually authorizes a “fee bill” to allow the Bar to assess lawyers’s licensing fees, according to Ed Howard, a Sacramento public interest lobbyist and long-time State Bar watcher. 

A History of Turmoil and Mismanagement

Over the years, the State Bar has been under scrutiny for some of its practices and the way its leaders have managed the organization. In 1998, then Gov. Pete Wilson vetoed a bill that would’ve authorized the agency to charge lawyers in the state annual licensing fees to fund the Bar.? 

A layoff of two-thirds of the Bar’s staff members was hanging in the balance and the group’s attorney discipline system temporarily shut down for lack of funds. Those issues were only resolved in 1998 after the state’s Supreme Court intervened. 

Gov. Arnold Schwarzenegger’s administration vetoed another fee authorization bill, Senate Bill 641, in 2009. Schwarzenegger justified his action by basing it on a state audit that discovered irregularities in enforcing attorney discipline, embezzlement of $675,000 by a former employee, and prohibited disclosure of the rating of a potential candidate for the appellate bench. 

In a written message, the governor said the Bar’s scandals “cannot continue with business as usual,”  

“As the organization charged with regulating the professional conduct of its members, the conduct of the State Bar itself must be above reproach,”?Schwarzenegger stated. “Regrettably, it is not.” 

In 2016, after the California Legislature did not pass a Bar dues bill, and the state’s Supreme Court had to step in to authorize the agency to collect interim dues. The American Bar Association reported on Nov. 16, 2016, that both Legislative houses were at odds about the bar’s “reform measures,” introduced by the Assembly. The issue was about a study of whether the bar should break into two parts, splitting the Bar’s attorney discipline abilities from its trade organization tasks. 

Last month, the Assembly and the Senate passed Assembly Bill (AB) 3362, a bill that would again authorize the Bar to collect fees from California attorneys and restrict its board of trustees from discussing issues about the Bar’s exams administration in seclusion. At the moment, Gov. Gavin Newsom is reviewing the bill. 

At the September 4th board meeting, Fabian Núñez, a former Assemblymember, who represented the 46^th District in Los Angeles County and served as speaker of the Assembly from 2004 to 2008, highlighted McGee’s professionalism and praised her “level of dignity,”? depth of knowledge,” ability to “build relationships,” and “certainty of purpose.”?? 

Núñez said that within his nearly five-year tenure, McGee was his general counsel and he watched her juggle and manage legal matters of the Assembly, the rules committee, and judiciary issues.? 

“It’s something unmatched in California,” Núñez said of McGee’s skill set. “Quite frankly, it’s unique because she also possesses the skills that are so important when you are managing a large organization such as the State Bar.”? 

Gov. Newsom’s former Legislative Affairs Secretary, Anthony Williams also said in support of McGee, “When I heard that she was a candidate for the executive director for the State Bar, I was pleased and proud not only as a lawyer but also as a Californian who knows the important role that the State Bar plays in public protection and administration of justice. Fredericka understands that. I hope that you reconsider it, such a sensitive, personnel decision,” Williams said.? 

The board of trustees’s duties includes developing the guiding policies and principles of the Bar. It comprises of five lawyers appointed by the California Supreme Court, two lawyers appointed the by legislature, and six non-attorney members (four named by the governor).? 

The State Bar’s Board of Trustees Responds

The governing body’s chairperson Alan Steinbrecher pointed out that the makeup of the state bar is one of diversity and inclusion and at the end of the meeting sought to provide examples of two prior African American State Bar executive directors.? 

“In my work with the state bar’s leadership team and with staff, I know that the commitment to diversity and inclusion is widely shared throughout the organization,” Steinbrecher said. “As our former executive director said, ‘We want diversity and inclusion to be built in and not built on.’ I also want to note that contrary to some comments we’ve received, the state bar has been previously led by two capable and talented African American women that served as executive directors.” 

Leah T. Wilson, another African American woman, served as executive director for two years before she surprised some when she left the role on Jan. 17 of this year. 

The Hon. Judy Johnson, also a Black woman, was the State Bar’s executive director from May 2000 to January 2011. Johnson is now a Superior Court Judge for Contra Costa County, first appointed by Gov. Jerry Brown in 2012. 

Before entering a closed session, the Bar’s board of trustees addressed the concerns of McGee’s supporters. ? 

“There has been some speculation about a particular candidate who has been considered for the executive director’s position,” Steinbrecher said. “We are not in the position to respond to specifics reported in the press because the executive director’s selection process is a confidential, personnel matter.”? 

The executive director of the Bar leads the senior management team responsible for various programs. The position requires the executive director to answer to the board of trustees and advance its policies. 

McGee was in the process of transitioning out of her role as vice president of California government affairs and operations for the American Beverage Association (ABA). She worked out of ABA’s office in Sacramento. 

In addition, McGee is also the founding president of the Black Youth Leadership Project, Inc., a non-profit organization that offers interactive legislative and debate programs to African American high school students throughout California. 

Alice Huffman, the President of the California State National Association for the Advancement of Colored People, said in a written statement dated Sept. 3 that McGee “has been recognized for her exemplary service by a multitude of organizations throughout the state and has a stellar reputation in the legislative and legal community.” 

“The California NAACP remains ready to stand with the California State Bar as we ensure a fair and transparent legal system at this pivotal time in our country as we address issues of social justice,” Huffman said in a statement? “Again, I wholeheartedly support the California State Bar in its efforts to complete the contractual process that started with Ms. McGee.” 

SAN BERNARDINO, CA—- Omnitrans is set to implement significant service changes on September 8, including new, realigned, and eliminated routes, a microtransit pilot project, and restoration of some service that was reduced due to the COVID-19 pandemic.

“We’re pleased to welcome our customers back with enhanced cleaning and increased frequency on our most popular routes,” said Omnitrans CEO/General Manager Erin Rogers. “This service change implementation maximizes system efficiency to prepare our agency for future transit needs and financial sustainability.”

In all, 27 of the agency’s 32 current routes are scheduled for changes, including resumption of 20-minute service on Omnitrans’ core network, Routes 1, 3, 4, 14, 61, 66, the elimination of seven routes and the introduction of four new routes to cover most of the impacted service areas. The new routes also will provide connections to the communities of Eastvale and the Ontario-East Metrolink station for the first time.

The agency also will introduce OmniRide microtransit service in Chino Hills and parts of Chino, which allows customers to make reservations on the OmniRide On-Demand mobile app and be picked up and delivered to specific locations in the service area on weekdays, much like Uber or Lyft service.

Detailed information on all service changes is available at www.omnitrans.org/guide-to-september-2020-service-changes/.

These service changes implement Omnitrans’ ConnectForward plan, which was introduced earlier this year at a series of 22 public meetings throughout the region. The plan was finalized following customer feedback and approved by the agency Board of Directors this summer.

LOS ANGELES, CA—- Many people have experienced violence and abuse yet live in silence. Fear, shame, rejection and the thought of further abuse has kept secrets locked away from even our closest family and friends.

Voices of Truth project is an opportunity for those who have experienced violence or abuse to empower themselves, by telling their truth and as a result, help prevent someone else from a similar experience. Your truth can be anonymous if you prefer!

The Positive Results Center is looking for Black/ African (Americans) and their Descents of all ages and genders that are interested in sharing their truth for an upcoming handbook. This project will create awareness, helping to prevent violence and abuse, and assist people in healing.

Research shows that even brief autobiographical storytelling exercises can have substantial impacts on psychological and physical health even months after the storytelling. Resilience is strengthened by recognizing that we are all experts in our own lives, and we all have something to share with others.

“Silence allows the violence to grow“, says Kandee Lewis, Executive Director of The Positive Results Center. “We are seeking truth to the experiences of those who have been victimized, including: Signs of abuse; what others (parents, guardians & the general public) may not see, which is hidden in plain sight; concerning behavior to be aware of; and strategies for prevention that can help further victimization”.

We are seeking information on all types of violence including dating, domestic & intimate partner violence, gun violence, sexual assault, stalking, sex trafficking, survival sex and sex industry, financial and spiritual abuse to name a few.

To submit your Truth go to https://bit.ly/VoicesofTruth

If your submission is selected you will receive a $50 Gift Card

Not all submissions will be published.

Deadline is September 22, 2020.

ABOUT THE POSITIVE RESULTS CENTER

Positive Results Center address trauma from a cultural and age perspective; specializing in healthy relationships, dating & intimate partner violence, sexual assault, bullying & suicide awareness.

Their workshops include Understanding How Trauma is Manifested; QPR Gatekeeper Suicide Awareness; Youth Peer Advocacy Training; Healthy Relationships; Positive Family Dynamics; Leadership Development; College and Career Readiness, and Self Esteem. Learn more at http://prc123.org .

By Quinci LeGardye | California Black Media

Inmate firefighting crews, made up of more than 2,000 inmate firefighters per year, have helped extinguish many of the biggest wildfires in California.  

However, once they’re released, they cannot serve in that profession under current law because of their criminal records.  

Now, AB 2147, a law that would lift that restriction, has been sent to Gov. Gavin Newsom to sign after passing both the State Senate and Assembly on Aug. 30. The bill allows nonviolent offenders who’ve participated in the California Department of Corrections and Rehabilitations’ fire camps to have their records expunged after release. 

In California, previously incarcerated persons are often turned away from fire departments because of their conviction records and state licensing rules, even if they fought fires while incarcerated. Currently, it takes years to get their records expunged, which would allow them to obtain Emergency Medical Technician (EMT) certification. 

“AB 2147 ensures that formerly incarcerated people who have successfully participated as incarcerated firefighters have a pathway to meaningful employment,” said Assemblymember Eloise Gomez Reyes (D – Grand Terrace), the bill’s author. “These individuals have received valuable training and placed themselves in danger to defend the life and property of Californians. Due to their service to the state of California protecting lives and property, those individuals that successfully complete their service in the fire camps should be granted special consideration relating to their underlying criminal conviction.” 

The bill comes to Gov. Newsom during a particularly strong wildfire season, which has collectively burned 1.48 million acres and has seen multiple lightning complex fires — all complicated by unprecedented heatwaves across the state.  

Because of the intensity and scale of the fires, Gov. Newsom declared a state of emergency on Aug. 18. The next day, he announced that the state’s resources to fight wildfires were stretched thin. 

Allowing previously incarcerated persons to be firefighters also gives them the chance to get well-paying jobs, Reyes has argued, pointing out that steady and meaningful employment would lower recidivism rates. Inmate crews are paid between $2 and $5 a day, with a $1 per hour increase while fighting a fire. 

“Those that have served on the fire lines deserve a second chance,” tweeted Reyes on August 30. 

Quinci LeGardye | California Black Media  

On Aug. 17, the “Yes On Prop 17” campaign held its Official Proposition 17 Campaign Virtual Kick-Off on Facebook Live. The event featured testimony from previously incarcerated persons on why more than 50,000 parolees in California deserve the right to vote.  
Prop 17, which passed the state legislature as ACA 6 in June, is a measure on the November ballot. If Californians vote to approve it, Prop 17 would amend the state constitution, granting any eligible person who is not currently incarcerated the right to vote.   If passed, California would join 17 states that allow parolees to vote.  Initiate Justice Co-founder and Executive Director Taina Vargas-Edmond hosted the event that featured Assemblymember Kevin McCarty (D – Sacramento), author of ACA 6, as well as Brandon Flynn, an activist and actor on the Netflix show “13 Reasons Why.”  To start the event, Flynn and McCarty spoke about how the current global political movement calling for the dismantling of systemic racism has affected their understanding of – and advocacy around — the proposition.  “We’ve learned that this is just a remnant of some of these old Jim Crow values and racial oppression –when they want to hold back African American voters from being able to participate in the democratic process, and that’s wrong. That’s what we’re going to change,” the lawmaker said.   The program’s anchor event was a Q&A moderated by Edmond featuring “Yes On Prop 17” Fellows Betty McKay and John Windham. McKay and Windham, who are both on parole, spoke about the importance of voting for currently and previously incarcerated persons.  McKay, who is a motivational speaker and organizer with Initiate Justice, talked about the California Department of Corrections and Rehabilitation (CDCR), arguing that she has done the time for his crime and should not be punished for it after her release.   “The people who make the rules, the system, CDCR gives you a long list of things that if you do this, this, this, this and this, then you’re a productive citizen,” she said. “Well, I’ve exceeded all that. So why aren’t I voting? I’m paying taxes. So why aren’t I voting?”  Edmond also presented data from Initiate Justice’s 2019 “Democracy Needs Everyone” report, compiled from a survey of 1,085 incarcerated members of California state prisons as well as members on parole. According to the report, only 37 % of respondents said they voted before they were incarcerated, but 98 % said they would vote now if they could. Also, the top three political issues that the respondents listed as “very important” were jobs and the economy, education and healthcare.   For Windham, who was incarcerated for 30 years and now mentors youth in his community, not having experienced voting was a deterrent in urging kids to vote.   “The one thing I couldn’t really delve into with him is talking about voting. I tell them to vote, but I was shut down when they asked me, did I vote. It was the hardest thing for me to have to tell a child – that   couldn’t vote because I’m on parole. I no longer want to have to tell no child that, because that takes away their hope. They see me as hope and the only hope they see was dashed.”  When asked to respond to the arguments of Prop 17 opponents, McCarty said, “They’re saying that Betty and John still need to pay their debt to society. But when the parole board releases people from state prison, they’ve determined that you’ve served your time [and they] want to reintegrate you back into society. So, it makes no sense to say we want you to go back to your community, but we’re going to make you a second class citizen.” 
 Attachments area

By Quinci LeGardye | California Black Media  

After months of protests and tough negotiations with representatives from various industries, California lawmakers have released an updated list of professions that could be exempted from AB 5, the controversial worker re-classification law that went into effect January 1.  

AB 2257, a new bill that revises some Labor Code sections affected by AB 5, will exempt artists, appraisers, insurance field representatives and youth sports coaches, allowing them to work as independent contractors. This is in addition to previous exemptions made for musicians, writers, photographers, tutors, interpreters and other industries.   

AB 2257 is backed by Assemblymember Lorena Gonzalez (D-San Diego), who authored AB 5 and has been its primary advocate.  

“We have utilized the reasoning in Dynamex, existing case law, and all of the provisions of workers comp and the [Unemployment Insurance] code developed over the last 40 years to try to create a framework for employment in California. We are confident that legitimate [independent contractors] will be able to work as such” said Gonzalez in an August 27 tweet.  

Assemblymember Christy Smith (D-Santa Clarita), co-author of AB 2257, said, “These clarifications to AB5 create additional industry specific pathways for people to work independently and prevent abuses that hurt workers and small business.”  

Under AB 5, companies must determine whether their workers are employees according to criteria known as the “ABC” test. Workers can only be classified as independent contractors if A) Their work is free from control of the hiring entity B) They perform work that is outside the hiring entity’s usual course of business, and C) They have an independent business.  

AB 5 has been challenged by various industries since it was introduced as a bill. Truck drivers won an injunction that prevented AB 5 from being enforced for their industry on Jan. 16. Recently, a California Superior Court judge ruled that rideshare companies Uber and Lyft must classify their drivers as employees. The judge later paused the injunction after the companies threatened to stop operating in California.   

Uber and Lyft have also funded a ballot measure along with other rideshare and delivery companies that would exempt the companies from AB 5 restrictions if voters approve it in November.   If Gov. Newsom signs AB 2257 into law, it would take effect immediately.