The ATA Chronicle - May/June 2020 - 10

FEATURE

BY TED R. WOZNIAK, PRESIDENT, AMERICAN TRANSLATORS ASSOCIATION

ATA's Statement on California Senate Bill 900
Amending AB 5

C

alifornia Senate Bill SB 9001 creates
an exemption for the relationship
between a "service provider that
provides . . . certified interpretation
or translation services" and a "referral
agency" in the application of the
ABC test under AB 5. In its place, SB
900 mandates the application of the
multifactor Borello test.2
While SB 900 is an improvement
on the status quo under AB 5, there
are several issues of varying degrees of
importance from ATA's perspective that
should be addressed and resolved before
ATA can fully support the bill.

application of the ABC test, thus
allowing their classification as
independent contractors.
■	

Expressly includes sole proprietors
as a permissible business entity for a
service provider.

■	

Expressly recognizes ATA as one of
several professional associations for
purposes of SB 900.

AREAS IN SB 900 THAT NEED
REVISION, IMPROVEMENT,
OR CLARIFICATION
■	

POSITIVE ASPECTS OF SB 900
■	

10

Exempts many translators
and interpreters (T&I) from

The ATA Chronicle | May/June 2020

Exemption under referral agency
rather than professional services

Translation and interpretation services
would be included in Section 2781

of the California Labor Code, which
addresses relationships between service
providers and "referral agencies,"
including companies connecting service
providers for minor home repair, home
cleaning, errands, pet sitting, picture
hanging, etc.
As highly-educated and experienced
professionals, translators and
interpreters should be included
under Section 2777, which deals with
"professional services."
This characterization of the role
of language services companies and
agencies (LSCs) as mere "referral
agencies" flies in the face of reality.
Additional services, such as project
management, editing, and proofreading,
are essential components to the

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The ATA Chronicle - May/June 2020

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