Assemblywoman Blanca Rubio (48th District) Introduces Legislation in support of local news outlets

Sacramento, CA – On Monday August 10, 2010 Assemblywoman Blanca Rubio (D- Baldwin Park) announced the introduction of Assembly Bill 323 (AB323), the Save Local Journalism Act.

The bill is aimed at strengthening community news organizations across the state while protecting their ability to provide all Californians with important information about news and events in their communities.

Never in modern history has there been a greater need for minority-owned and other community media outlets to be a viable and reliable source of information for their readers, and yet never have they been at greater risk of closure. AB 323 offers a much needed lifeline to these small news outlets.

AB 323 will direct state departments and agencies to place marketing and outreach advertising in community and ethnic news outlets. The measure will also extend the sunset date for the exemption for newspaper carriers from the ABC test to give ethnic, mid-size, and daily newspapers two additional years to comply with AB 5.

AB 5 was enacted last year in response to the Supreme Court ruling in Dynamex Operations West, Inc. v. Superior Court of Los Angeles. The ABC test consists of three-parts and an employer must answer yes to all three parts before they can qualify a worker as a contractor.

Although AB 5 was designed to protect employees from being misclassified as independent contractors, it posed a challenge to most small, independently owned minority/community newspapers who depended on the use of independent contractors as writers, photographers, and newspaper carriers.

It also extends the sunset date for the exemption for newspaper carriers from the ABC test to give ethnic, mid-size, and daily newspapers two additional years to comply with AB 5.

Commenting on the important role of the press Assemblywoman Rubio declared, “Our free media – one of our most cherished Constitutional rights – is at risk of extinction. At a time when local information is critical for our communities and the rebuilding of our economy. AB 323 will prevent ‘news deserts’ by providing a lifeline to California’s community and ethnic media outlets.”

Since the pandemic hit, California newspapers have experienced declines in about half their average print advertising revenue. More than a dozen California papers have suspended operations or closed in the last six months, and many others have laid off newsroom staff and other employees. According to a recent study, “An Analysis of the Financial Crisis Facing California Local, Daily Newspapers,” California newspapers face increases of 85 percent in distribution costs related to AB 5.

Speaking about the legislative determinations Assemblymembers make on an ongoing basis, Rubio continued, “[W]e must strike a balance between commitment to policy goals and minimizing negative consequences. Local journalism cannot be sacrificed in that process.”

Rubio shared how last year the legislature passed AB 170 which granted newspapers an additional year to comply with AB 5.

“And now,” she explained, “given the impact of COVID on the news industry, AB 323 simply provides additional time for newspapers to stabilize operations and pursue alternate distribution models.”

The good news is, prioritizing ethnic and community newspapers for state advertising campaigns would not require new allocations in the state budget. And, it will be a win-win for the state as it will ensure more Californians, including those in hard-to-reach communities, are reached with important messages, furthering the state’s public health and safety goals.

Rubio’s legislation was well received by community media outlets.

“We applaud Assemblywoman Rubio for working to stabilize our state’s ethnic media at one of the most important periods in history,” said Gabriel Lerner, Editorial Director, La Opinión. “Ethnic media has a different and specific role than mainstream media. Many marginalized and vulnerable communities in California rely on us as their trusted messengers. AB 323 will preserve that communication.”

“Americans often take our free media for granted, assuming it will always be there to serve us — and it has been, especially during the pandemic,” said Tracy Hernandez, Founding Chief Executive Officer, Los Angeles County Business Federation. “But their economic crisis reminds us that just as any other Main Street company, newspapers must also keep the lights on and the doors open.”

The Save Local Journalism Act is supported by dozens of free speech, media, ethnic community, and business organizations throughout the state, including the California News Publishers Association, Latino Media Collaborative, California Black Media, Ethnic Media Services, Asian American Journalists Association of San Diego, Asian Business Association of San Diego, Bay Area Council, Californians Aware, California Hispanic Chamber of Commerce, Council of Mexican Federations in North America (COFEM), Empowering Pacific Islanders Communities (EPIC), Fresno Business Council, First Amendment Coalition, Inland Empire Economic Partnership, Los Angeles County Business Federation (BizFed), Orange County Business Council, Pan Valley Institute, American Friends Service Committee (AFSC), Sacramento LGBT Community Center, Silicon Valley Leadership Group, Society of Professional Journalists – NorCal, Southwest Voter Registration Education Project (SVREP), Valley Industry & Commerce Association (VICA), William C. Velasquez Institute, and W. Haywood Burns Institute.

Header Photo: Assemblymember Blanca Rubio 48th Assembly District asddressing the State Assembly (Photo courtesy a48.asmdc.org)

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Court Rules in Favor of California: Uber and Lyft Drivers are Employees

Quinci LeGardye, California Black Media 

Statewide — On Aug. 10, a California Superior Court judge ruled that rideshare companies Uber and Lyft must change the classification of their drivers from independent contractors to employees.

The ruling was a major victory for California lawmakers in their yearlong struggle to enforce AB 5, the controversial worker classification bill that went into effect Jan. 1.

San Francisco Superior Court Judge Ethan Schulman ruled in favor of California Attorney General Xavier Becerra’s argument that Uber and Lyft are violating AB 5, which says workers can only be considered independent contractors if they perform duties outside the usual course of a company’s business.

“The court has weighed in and agreed: Uber and Lyft need to put a?stop to unlawful misclassification of their drivers while our litigation continues,”?said Becerra.?“While this fight still has a long way to go, we’re pushing ahead to make sure the people of California get the workplace protections they deserve. Our state and workers shouldn’t have to foot the bill when big businesses try to skip out on their responsibilities. We’re going to keep working to make sure Uber and Lyft play by the rules.”

Schulman paused the injunction for 10 days to give the companies a chance to appeal the decision. Both companies made statements Aug. 9 saying that they will appeal the ruling.

An Uber spokesperson said, “The vast majority of drivers want to work independently, and we’ve already made significant changes to our app to ensure that remains the case under California law. When over 3 million Californians are without a job, our elected leaders should be focused on creating work, not trying to shut down an entire industry during an economic depression.”

“Ultimately, we believe this issue will be decided by California voters and that they will side with drivers,” Lyft said, referring to Prop 22, the upcoming ballot measure. Voters will decide Nov. 3 if rideshare drivers in California can remain contractors or if they have to become W-2 employees;  

Becerra, along with the City Attorneys of San Francisco, Los Angeles and San Diego, filed their worker misclassification lawsuit against Uber and Lyft on May 5, followed by the motion for a preliminary injunction on June 24.

“This is a resounding victory for thousands of?Uber?and Lyft drivers who are working hard — and, in this pandemic, incurring risk every day — to provide for their families,”?said Los Angeles City Attorney Mike Feuer.??”Of course, our fight is not over and we will vigorously pursue this litigation until these workers have the permanent protection they?deserve.”??

“Misclassification hurts drivers and it puts the burden on taxpayers to pay for benefits that Uber and Lyft should be providing,”?said San Francisco City Attorney Dennis Herrera.?“These companies have pocketed millions of dollars by leaving taxpayers to foot the bill. That’s unacceptable. During this global pandemic, it’s even more important for drivers to get access to protections like unemployment insurance. There is no rule that prevents these drivers from continuing to have all of the flexibility they currently enjoy. Being properly classified as an employee doesn’t change that.”

Celebrating the New V.P. Candidate!

By Tanu Henry

“Black women and women of color have long been underrepresented in elected office and in November we have an opportunity to change that. Let’s get to work,” Harris tweeted about three hours before Biden’s announcement. 

Before she was elected Senator in 2016, Harris served as Attorney General of California for six years, beginning in 2011. Before that, she served as District Attorney of San Francisco from 2004 to 2011. 

Harris, who is of Jamaican and Indian descent, lives in Los Angeles with her husband, attorney Douglas Emhoff. If the Democrats win, Harris will make history as the first Black and Asian woman to be selected as a vice presidential candidate in the United States on a major political party’s presidential ticket. 

“Senator Kamala Harris has been an incredible leader and an inspiration for so many of us, and I’m proud to call her a friend and mentor,” San Francisco Mayor London Breed wrote on Facebook. 

“I’m thrilled that Vice President Biden had the vision to recognize that Senator Harris can bring the integrity, intelligence, and commitment to justice for all that our country so badly needs during this difficult time,” Breed continued. “I know how much it means to have leaders who reflect the people they represent, and today I’m thinking about all those little girls in this country that will see a strong, principled woman walk into the White House and know that they too can make that same journey someday.” 

Harris earned her BA at Howard University in Washington, DC, and her JD at the University of California, Hastings.

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