During the last year, the primary focus for Bay Area musicians has been to endure the extended loss of work caused by the COVID-19 crisis. As vaccines begin to circulate and artists and arts organizations chart a new path forward, many are again considering the implications of AB-5. In the law's original form, AB5 made it more difficult for organizations and businesses to classify workers as independent contractors. While the goal was increasing access to the protections provided to traditional employees, the effect was a dramatic loss of work for independent contractors in the arts sector. The amended bill, AB 2257, broadly relieves musicians, composers, songwriters, engineers and others involved in the music production process of applying the law’s "ABC" test. While this amendment answers the concerns of many independent musicians, arts organizations that employ independent contractors are still under the obligation of complying with AB5. To help assist Bay Area musical organizations with AB5 compliance, InterMusic SF is offering a free workshop on AB5, with a focus on organizational structures and employee rights under the new law. Presented by employment law specialist, Marcie Fitzsimmons from the law firm Gordon & Rees, the workshop will address the Borello multi factor test and answer questions about AB5 specifically for musical organizations. Bio: Marcie Fitzsimmons is a partner in the San Francisco Office of Gordon & Rees. She represents both private and public entities in employment matters, focusing her practice on defending employers against discrimination, retaliation, and harassment claims. Ms. Fitzsimmons counsels corporations, non-profit organizations, individuals, and educational institutions on a wide-range of employment issues. In addition to her regular practice, Ms. Fitzsimmons has served as an instructor for the HR Generalist Certificate Program, in which she teaches HR professionals about the practical application of various employment laws. Ms. Fitzsimmons often speaks and conducts training on a variety of employment and litigation topics.
AB5 Compliance for Musicians & Music Organizations
During the last year, the primary focus for Bay Area musicians has been to endure the extended loss of work caused by the COVID-19 crisis. As vaccines begin to circulate and artists and arts organizations chart a new path forward, many are again considering the implications of AB-5.
In the law’s original form, AB5 made it more difficult for organizations and businesses to classify workers as independent contractors. While the goal was increasing access to the protections provided to traditional employees, the effect was a dramatic loss of work for independent contractors in the arts sector.
The amended bill, AB 2257, broadly relieves musicians, composers, songwriters, engineers and others involved in the music production process of applying the law’s “ABC” test. While this amendment answers the concerns of many independent musicians, arts organizations that employ independent contractors are still under the obligation of complying with AB5.
To help assist Bay Area musical organizations with AB5 compliance, InterMusic SF is offering a free workshop on AB5, with a focus on organizational structures and employee rights under the new law.
Presented by employment law specialist, Marcie Fitzsimmons from the law firm Gordon & Rees, the workshop will address the Borello multi factor test and answer questions about AB5 specifically for musical organizations.
Bio:
Marcie Fitzsimmons is a partner in the San Francisco Office of Gordon & Rees. She represents both private and public entities in employment matters, focusing her practice on defending employers against discrimination, retaliation, and harassment claims. Ms. Fitzsimmons counsels corporations, non-profit organizations, individuals, and educational institutions on a wide-range of employment issues.
In addition to her regular practice, Ms. Fitzsimmons has served as an instructor for the HR Generalist Certificate Program, in which she teaches HR professionals about the practical application of various employment laws. Ms. Fitzsimmons often speaks and conducts training on a variety of employment and litigation topics.
