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ASTA Cautions New York Legislators About Independent Contractor Bill (CA's AB5 threatens in NY)
Travelmarket Report ^ | December 06, 2019 | Richard D’Ambrosio

Posted on 12/24/2019 7:23:25 AM PST by DoodleBob

The American Society of Travel Advisors (ASTA) cautioned the New York State Assembly that pursuing legislation with a narrow definition of employees and independent contractors (IC) could greatly injure the travel agency community in America’s fourth largest state.

New York State is considering legislation that would amend state labor laws, tightening the definition of independent contractors and full-time employees. Senate Bill S6699A is sponsored by Robert Jackson, (D, 31st District), and is currently in the Senate Rules Committee. No movement is expected on the proposed legislation until the state legislature reconvenes in January 2020. The Assembly’s version is Bill A8721A.

Like California and New Jersey, New York is struggling to catch up with the “gig economy,” services and their related jobs created by companies like Uber, Grubhub and Lyft. Some states are concerned that full-time jobs are being shifted to independent contractor status by these smartphone apps, leaving a growing number of workers without benefits and work rules, while also costing states billions in tax revenue.

Speaking on Thursday, Dec. 5, to the Assembly’s Standing Committee on Labor, Genevieve Strand, ASTA’s advocacy director, warned that without exemptions for travel advisors, a law like the one initially proposed in California earlier this year, could decimate employment for thousands of travel advisors in the state.

“As you examine the various legislative proposals, it is critical they be amended to protect travel sellers based on the current standard in New York,” Strand told Labor Committee Chairman Marcos A. Crespo (D, 85th District).

...approximately 8,700 New Yorkers work at travel agencies in the state, at approximately 2,000 retail locations, booking close to $2 billion in annual travel sales. Strand said 70% of those agencies employ fewer than five people, so any new legislation...would particularly penalize small business owners.

(Excerpt) Read more at travelmarketreport.com ...


TOPICS: Business/Economy; Government; News/Current Events
KEYWORDS: ab5; gigeconomy
This article focuses on travel agents but this horrible bill could impact the broader freelancer/independent contractor sector. It is modeled after AB5 in California, which is already law and when it takes effect in 2020 it will destroy livelihoods, all in the name of government trying to make things better.
1 posted on 12/24/2019 7:23:25 AM PST by DoodleBob
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To: DoodleBob

Wonder who wants this legislation and who it benefits. Follow the money.


2 posted on 12/24/2019 7:29:53 AM PST by Newbomb Turk
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To: DoodleBob

3 posted on 12/24/2019 7:31:02 AM PST by Governor Dinwiddie (Guide me, O thou great redeemer, pilgrim through this barren land.)
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To: Newbomb Turk
Most stories say AB5 was backed by labor unions and progressives "worried" about labor abuses. Uh huh.

...oh and the loss of tax revenue because Uber and Lyft don't have to pay payroll taxes on independent contractors.

In other words, the usual suspects.

4 posted on 12/24/2019 7:35:31 AM PST by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: Governor Dinwiddie

Ah man dude, I’m missing my wire fox terrier, who passed a few months back.


5 posted on 12/24/2019 7:38:16 AM PST by crosdaddy
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To: Newbomb Turk

Wonder who wants this legislation and who it benefits. Follow the money.


Big government and big business go hand in hand.

Independent operators are hard to control.


6 posted on 12/24/2019 7:41:34 AM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: crosdaddy
I'm sorry to hear that. That's what's wrong with dogs—they don't live as long as we do. I know your pain. When a dog dies, it is a family member dying.
 
7 posted on 12/24/2019 7:43:57 AM PST by Governor Dinwiddie (Guide me, O thou great redeemer, pilgrim through this barren land.)
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To: Governor Dinwiddie

It’s even worse when you have to put them to sleep.
Still haunts me.


8 posted on 12/24/2019 7:54:28 AM PST by axxmann (If McCain is conservative then I'm a freakin' anarchist.)
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To: Governor Dinwiddie

Thanks man, Merry Christmas.


9 posted on 12/24/2019 7:54:50 AM PST by crosdaddy
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To: DoodleBob

Frankly, I don’t want to work for a company anymore.
Working Contract is much less drama and pays better.


10 posted on 12/24/2019 8:04:08 AM PST by Zathras
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To: DoodleBob

The jobs are just moving. And the internet makes that very easy.

California’s tax authority has been insane, trying to collect income taxes from people in other states paid by California firms. And in some cases, people who sold high dollar items to California.

Now, California Can Assess Taxes No Matter Where You Live...Really
https://www.forbes.com/sites/robertwood/2019/10/22/now-california-can-assess-taxes-no-matter-where-you-livereally/

This has created several ongoing shifts in the freelancing world. (I do this for a living.) Platforms are banning California residents from taking new assignments, because they don’t want the person classified as an employee. Requestors of projects are refusing to work with people in California. I’ve been asked to not only confirm I live in Texas but prove it.

Another possible out for these requestors is to move to another freelancing platform not based in California. Upwork loses work, iwriter gains it.

Another issue is that platforms can easily migrate servers and locations. Imagine the company based in Silicon Valley saying we’re now in Texas or Florida. Congratulations, that state’s laws apply. They can continue issuing projects from requestors to freelancers, and California loses a taxpayer who can move more easily than anything else.

The last ditch move for some of these firms is entirely relying on international talent. If the freelancers are in India and China, you don’t have to worry about U.S. employment rules.


11 posted on 12/24/2019 8:07:36 AM PST by tbw2
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To: DoodleBob

AirBnB solved a lot of issues by collecting hotel taxes for jurisdictions. However, contractors’ taxes would be insane. For example, I work for half a dozen regular clients, several of which are international.

I pay my federal income taxes, but California would probably argue I have to pay CA income tax on what I do for CA clients though I don’t live in that state. AND they’d make California companies collect CA income tax on my income for them.

Now, California Can Assess Taxes No Matter Where You Live...Really
https://www.forbes.com/sites/robertwood/2019/10/22/now-california-can-assess-taxes-no-matter-where-you-livereally/


12 posted on 12/24/2019 8:09:54 AM PST by tbw2
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To: Zathras

Contracting lets me work from home 90-95% of the time. And that means I’m home while the kids are home for Christmas break. It meant I could drive the kids to and from activities and missing the bus was an annoyance, not a disaster. This is why women are around 3/4 of freelancers.

The terrible irony - women and children ARE hardest hit by this liberal lunacy.


13 posted on 12/24/2019 8:12:45 AM PST by tbw2
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To: tbw2
I've been following AB5 from a musician perspective because I am bullish on good, new music. This law will require "sidemen" to be treated as full time employees OR just avoid Cali.

What is telling to me, is how AB5's sponsor is basically saying "tough luck" to those freelancers who are hurt.

14 posted on 12/24/2019 8:20:49 AM PST by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: DoodleBob

I don’t live in California. However, I can see the impact in platforms and clients not only asking where I live but in some cases demanding I confirm I do NOT live in California.


15 posted on 12/24/2019 8:30:15 AM PST by tbw2
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To: Governor Dinwiddie

Man we sure need William Powell and Myrna Loy back on the Screen...oh and Asta too!


16 posted on 12/24/2019 8:57:03 AM PST by abigkahuna (How can you be at two places at once when you are nowhere at all?)
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To: abigkahuna

Amen. At least TCM plays The Thin Man series pretty often. They don’t make ‘em like they used to!


17 posted on 12/24/2019 8:59:46 AM PST by Governor Dinwiddie (Guide me, O thou great redeemer, pilgrim through this barren land.)
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