California freelance journalists sue over new state law

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Freelance writers and photographers on Tuesday filed the second legal challenge to a broad new California labor law that they say could put some independent journalists out of business. The law taking effect Jan. 1 aims to give wage and benefit protections to people who work as independent contractors

1 / 2California Freelance Journalists LawsuitFILE - In this Aug. 28, 2019, file photo, Assemblywoman Lorena Gonzalez, D-San Diego, speaks at rally calling for passage of her measure to limit when companies can label workers as independent contractors at the Capitol in Sacramento, Calif. National groups representing freelance journalists and photographers on Tuesday, Dec.

That has “thrown our community into a panic, given that in the year 2020 digital media is a whole different beast than newspapers and journalism of the past,” said Los Angeles-based writer Maressa Brown, who founded California Freelance Writers United in September. The lawsuit says the freelance restriction draws “unconstitutional content-based distinctions about who can freelance,” noting that “the government faces a heavy burden of justification when its regulations single out the press.”

The two associations together have more than 650 members in California. Their lawsuit asks a judge to invalidate the portion of the law that would affect them. The new law implements a legal ruling last year by the California Supreme Court regarding workers at the delivery company Dynamex. But the Pacific Legal Foundation lawsuit says that ruling would have had little direct effect on professionals engaged in “original and creative” work, like its clients.

 

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