Skip to content
FacebookTwitterLinkedinYoutubeInstagram
  • Join ATA
  • Renew
  • Contact Us
  • Log In Welcome, My Account
American Translators Association (ATA)
Find a Language Professional
  • Certification
    • Certification
      • Guide to ATA Certification
      • What is a Certified Translation?
      • How the Exam is Graded
      • Review and Appeal Process
      • Looking for More Information on ATA Certification?
    • Taking the Exam
      • About the Exam
      • How to Prepare
      • Practice Test
      • Exam Schedule
    • Already Certified?
      • Put Your Credentials To Work
      • Continuing Education Requirement
    • Register Buttons
      • Exam Schedule
         
      • Order Practice Test
  • Career and Education
    • For Newcomers
      • Student Resources
      • Starting Your Career
      • The Savvy Newcomer Blog
    • For Professionals
      • Growing Your Career
      • Business Strategies
      • Next Level Blog
      • Client Outreach Kit
      • Mentoring
    • Resources
      • For Educators and Trainers
      • Tools and Technology
      • Publications
      • School Outreach
    • Event Buttons
      • Upcoming Webinars
  • Client Assistance
    • Client Resources
      • Why Should I Hire a Professional?
      • Translator vs. Interpreter
      • Getting It Right
    • More Client Resources
      • Need a Certified Translation?
      • What is Machine Translation?
      • The ATA Compass Blog
    • Find a Translator Button
      • Find a Language Professional
  • Events
    • Events
      • Annual Conference
      • Seminars and Workshops
      • Certification Exam Schedule
    • More Events
      • Virtual Events
      • Webinar Series
      • Calendar of Events
    • Event Buttons
      • Visit ATA64
      • Upcoming Webinars
         
  • News
    • Industry News
    • Advocacy and Outreach
    • ATA Media Kit
    • The ATA Chronicle
    • The ATA Podcast
    • ATA Newsbriefs
  • Member Center
    • Member Resources
      • Join ATA
      • Renew Your Membership
      • Benefits of Membership
      • Divisions
      • Chapters, Affiliates, and Other Groups
      • Get Involved
      • Shop the ATA Store
      • Looking for More Information on ATA Memberships?
    • Already a Member?
      • Log Into Your Member Center
      • Connect with Members
      • Create Your Directory Listing
      • Credentialed Interpreter Designation
      • Become a Voting Member
      • Member Discounts
      • Submit Member News
    • Member Buttons
      • Join ATA
         
      • Member Login
  • About Us
    • About ATA
      • Who We Are
      • ATA Media Kit
      • Honors and Awards Program
      • Advertise with Us
      • American Foundation for
        Translation and Interpretation
      • AFTI ATA Conference First-Time Attendee Scholarship
      • ATA Team
      • Contact Us
    • How ATA Works
      • Board of Directors
      • Committees
      • Policies & Procedures
      • Code of Ethics
    • Contact Button
      • Contact ATA
  • Join ATA
  • Renew Your Membership
  • Contact Us
  • Log In
  • Find a Language Professional
September 17, 2019

From the President: California Assembly Bill 5: ATA Takes a Stand

Advocacy & Outreach
By The ATA Chronicle

From the President
Corinne McKay
president@atanet.org
Twitter: @corinnemckay


California Assembly Bill 5 (AB5) has been in the news a great deal lately. This bill seeks to solidify and codify the so-called “Dynamex” decision on the classification of contractors and employees in California.

The Dynamex decision was a significant departure from the generally accepted definition of contractors and employees. It created a standard whereby workers are presumed to be employees until proven otherwise, and—perhaps more strikingly—specified that contractors must “perform work that is outside the usual course of the hiring entity’s business.” In practice, this means that a translation or interpreting company could hire a freelance web designer, but not freelance translators or interpreters.

Under AB5, the hiring entity must establish each of the following three factors, commonly known as the “ABC test”:

  1. That the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and
  2. That the worker performs work that is outside the usual course of the hiring entity’s business; and
  3. That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

At first, ATA deliberately remained neutral on this issue while gathering more information about its potential impacts. For instance, we know that while the majority of our members are freelancers by choice, some would prefer to be employees if given the opportunity to do so. However, as AB5 progressed through the legislative process, we began hearing from ATA members in California about significant negative repercussions, most importantly a direct loss of work. Given that California often leads the U.S. in legislative changes, we felt that it was time to amend our position and clarify the complexities of the language services market pertaining to freelance translators and interpreters.

Board members Madalena Sanchez Zampaulo and John Milan led the effort to write an ATA statement of position on AB5, requesting an exemption (or “carve-out”) from this bill for translators and interpreters who choose to be freelancers. You can read the full statement at http://bit.ly/ATA-AB5. The most important points of our position are:

    • AB5 is overbroad: In attempting to protect workers who are misclassified as contractors, it lumps them together with those who have made a deliberate choice to provide freelance services.
    • Translators and interpreters who work for a single employer that controls their working conditions, schedule, pay, etc., should have the right to be considered employees.
    • The majority of ATA’s members work for multiple clients: they decide when, for whom, and how they want to work, and how much to charge. They should have the right to remain independent contractors.

With this statement, we hope that the California Assembly will grant an exception to AB5 for our members who choose to be freelancers. We support the right of all our members to create their own business arrangements, and we feel that if AB5 is enforced in its current form, most language services companies in California may simply choose to work with freelancers outside California. We’ll keep you updated as this initiative progresses!

Share this

Posts navigation

← ATA at the New York Rights Fair and Book Expo
International Translation Day 2019 – A Day in the Life of a Translator or Interpreter →

Latest Posts

  • Five Reasons Why You Should Consider Doing a MA in Translation July 11, 2023
  • Linguist in the Spotlight – Evelyn Yang Garland July 4, 2023
  • Newsbriefs: June 29, 2023 June 29, 2023
  • How to Translate Your Website: 3 Key Considerations June 28, 2023
  • A Bid Too Far – On Reaching For and Losing Projects June 28, 2023

Topics

  • Advocacy & Outreach
  • Annual Conference
  • Book Reviews
  • Business Strategies
  • Certification Exam
  • Certification Program
  • Client Assistance
  • Educators and Trainers
  • Growing Your Career
  • Industry News
  • Interpreting
  • Member Benefits
  • Member News
  • Mentoring
  • Networking
  • Public Outreach
  • Publications
  • Resources
  • School Outreach
  • Specializations
  • Starting Your Career
  • Student Resources
  • Tools and Technology
  • Translation
Find a Language Professional
ata_logo_footer

American Translators Association
225 Reinekers Lane, Suite 590
Alexandria, VA 22314

Phone +1-703-683-6100
Fax +1-703-683-6122

  • Certification
  • Career and Education
  • Client Assistance
  • Events
  • News
  • Member Center
  • About Us
  • Member Login
  • Contact Us
  • Sitemap
  • Privacy Policy
  • Accessibility Statement
  • Submit Feedback

© 2025 - American Translators Association

Website by Yoko Co

Find a Language Professional
Scroll To Top