# CA AB5- How does it apply to us lowly musicians? **URL:** \ **Category:** Politics & Elections\ **Created:** [September 15, 2019, 1:48am UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242 "2019-09-15T01:48:01Z")\ **Posts on this page:** 11\ **Page:** 2
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [September 18, 2019, 8:54pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/21 "2019-09-18T20:54:23Z")
[Newsom signed it!](https://apnews.com/3a396cee634543b0a4d6b48e778e0c1b) > [@](#): > > Uber, however, has suggested it won’t implement the new rules come Jan. 1, when the law is set to go into effect. It has joined Lyft and DoorDash in threatening to spend $90 million on a 2020 ballot measure if it can’t negotiate other rules for its drivers with Newsom and unions. When your business model is based on “we are outside of the law”, I bet it’s jarring to hear the law say “no, you aren’t.” ---
**Author:** ![Elusive](https://avatars.discourse-cdn.com/v4/letter/e/2bfe46/32.png) [@Elusive](https://boards.straightdope.com/u/Elusive)\ **Post date:** [September 18, 2019, 9:17pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/22 "2019-09-18T21:17:10Z")
> [@Jumpbass](#): > > The reason I’m actually researching this is because I have some friends who are getting their knickers in a twist about it…and now there’s a petition to Gov Newsom to not sign it and it’s starting to look like penis will ensue. [Snip] Can I just congratulate you for this amazing typo? And hearty slaps on the back for everyone in this thread who just let it slide (so to speak). ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [September 18, 2019, 10:08pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/23 "2019-09-18T22:08:58Z")
The origin of [del]the world[/del] [penis ensues](https://boards.straightdope.com/sdmb/showthread.php?p=5674741#post5674741). ---
**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\ **Post date:** [September 19, 2019, 2:31pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/24 "2019-09-19T14:31:29Z")
I am not a lawyer, but I employ musicians out of California and have spoken to them. They are supposed to be exempt according to what they have been told because of the fine arts thing that **Stanta Claus** was saying. ---
**Author:** ![Jumpbass](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jumpbass/32/147_2.png) [@Jumpbass](https://boards.straightdope.com/u/Jumpbass)\ **Post date:** [September 19, 2019, 2:52pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/25 "2019-09-19T14:52:22Z")
^ Yeah, that’s what I’m hoping. I still haven’t heard from my senator. Gonna have to rattle his cage. ---
**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\ **Post date:** [September 19, 2019, 3:06pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/26 "2019-09-19T15:06:18Z")
> [@Jumpbass](#): > > ^ Yeah, that’s what I’m hoping. I still haven’t heard from my senator. Gonna have to rattle his cage. If it makes you feel better, the trumpet guy I hired for my album said, “Don’t underestimate the California Entertainment Lobby.” ---
**Author:** ![Jumpbass](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jumpbass/32/147_2.png) [@Jumpbass](https://boards.straightdope.com/u/Jumpbass)\ **Post date:** [April 18, 2020, 4:32pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/27 "2020-04-18T16:32:49Z")
Update! [Musicians (well, most) are now exempt from AB5](https://variety.com/2020/music/news/california-gig-economy-assembly-bill-5-ab5-musicians-1234583320/?fbclid=IwAR1cYWCftlIbzJTxZnuLNGqU4I7_SR1Lr3DuHBNyLeOtbF4GxTDP8gg-o7E)! Not that it matters much right now, seeing that I’m not working anyway. ---
**Author:** ![John\_Bredin](https://avatars.discourse-cdn.com/v4/letter/j/96bed5/32.png) [@John\_Bredin](https://boards.straightdope.com/u/John_Bredin)\ **Post date:** [April 20, 2020, 8:23pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/28 "2020-04-20T20:23:05Z")
Who is paid by someone else to do something but completely free from the control or direction of the person paying them? :dubious: Even attorneys take instructions from their clients and have certain decisions they cannot make by themselves but must have the client’s approval. In other words, isn’t this effectively a two-factor test? ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [April 20, 2020, 9:14pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/29 "2020-04-20T21:14:09Z")
New York is seriously considering a similar law and my daughter is seriously worried that it would destroy her occupation as a free-lance copy editor. Since she works for publishers, she would fail B of Bones’s tests. They can and will simply farm it out to India. ---
**Author:** ![Jumpbass](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jumpbass/32/147_2.png) [@Jumpbass](https://boards.straightdope.com/u/Jumpbass)\ **Post date:** [April 20, 2020, 11:51pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/30 "2020-04-20T23:51:53Z")
Yeah, it’s definitely a flawed law. Seems like they’re targeting Uber and Lyft, but aren’t aware of the collateral damage. ---
**Author:** ![FlikTheBlue](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fliktheblue/32/10972_2.png) [@FlikTheBlue](https://boards.straightdope.com/u/FlikTheBlue)\ **Post date:** [April 22, 2020, 7:21pm UTC](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242/31 "2020-04-22T19:21:29Z")
> [@Sam\_Stone](#): > > If a musician is a fine artist, then what is a plain artist? Clearly they didn’t intend to exempt anyone who claims to be an artist. I suspect this really applies to people like commissioned artists doing portraits, murals, sculptures, etc. To me the distinction would be about the nature of the work produced. Someone who is carving a custom sculpture or painting someone’s portrait is a fine artist. The person who cuts 2x4s at the sawmill or paints someone’s house isn’t. [Previous page](https://boards.straightdope.com/t/ca-ab5-how-does-it-apply-to-us-lowly-musicians/840242.md?page=1)