The ATA Chronicle - May/June 2020 - 11

quality provision of T&I services.
The overwhelming majority of LSCs
provide other value-added services
to the end client, such as desktop
publishing and localization in addition
to any "matching of" translators and
interpreters with end clients.
■	

Delivery in one's own name

Section 2781 (a) (4) will be
extremely problematic from the
LSC perspective in that it requires
the service provider (translator or
interpreter) to deliver services to the
(end) client under their own name, and
not under the name of the LSC. This,
too, flies in the face of reality as many
LSCs shield the names of translators
and interpreters to prevent losing
hard-earned business. While some may
argue this may be desirable, it should
not be a prerequisite for classification
as an independent contractor.
■	

Meaning error?

Section 2781 (b) (3), which specifies
the type of service providers for which
the referral agency acts as a broker,
uses the phrase "certified interpretation
or translation services." It is currently
unknown if "non-certified" T&I
services, which comprise the vast
majority of T&I services, would also be
covered by SB 900. This appears to be a
drafting error: the services provided in
our field are not certified, but rather the
actual people providing the services are
sometimes certified.
The use of the term "certified," be
it in reference to the service or the
service provider, entails a number of
problems that have long been issues in
the T&I profession.
■	

Aside from the issue about people,
and not "services," being certified, as
previously mentioned, the list omits
existing professional T&I credentials
that should legitimately be included.
Using the word "certified" also may
create unintended consequences for
practitioners of our profession.

While still a work in progress,
SB 900 is an acceptable starting
point for obtaining the desired
exemption for translators and
interpreters from the ABC test
under AB 5.

SUMMARY AND CALL TO ACTION
While still a work in progress, SB
900 is an acceptable starting point for
obtaining the desired exemption for
translators and interpreters from the
ABC test under AB 5.
California translators and interpreters
should contact their state legislators3
and demand that the problems outlined
above be fixed. ATA also encourages
all translators and interpreters to
continue to support the Coalition of
Practicing Translators and Interpreters
of California4 in its efforts to improve
the language of this bill.
NOTES
1.	
California Senate Bill SB 900,
https://bit.ly/SB900-California.
2.	

Certification

Section 2775 (b) (7) states "Certified
interpretation or translation services
means a person who..." and then lists
several organizations of which the
service provider must be a member in
good standing, or which has provided
the service provider with a certification
or credential.

www.atanet.org

To find out more about the ABC test
and Borello test, see "Independent
Contractor versus Employee" on
the State of California Department of
Industrial Relations website,
https://bit.ly/FAQ-independent-contractor.

3.	

Find Your California Representative,
http://findyourrep.legislature.ca.gov.

4.	

Coalition of Practicing Translators
and Interpreters of California,
http://coalitionptic.org.

ATA POSITION STATEMENTS AND
UPDATES ON AB 5
ATA Position on California Assembly Bill 5
http://bit.ly/ATA-AB5
ATA Statement on AB 5 and Mandatory
Employee Classification
http://bit.ly/ATA-AB5-statement
Take Action: Download ATA
Template on Mandatory Employee
Classification Legislation
https://bit.ly/templateemployee-classification
Take Action: What Can I Do about
Mandatory Employee Classification
Legislation in My State?
https://bit.ly/legislation-state
ATA Statement on California SB 875
(Exemption to AB 5 for Translators
and Interpreters)
http://bit.ly/ATA-SB875-statement
ATA Podcast Episode 42: California
Assembly Bill 5: What Now? with Ted
Wozniak, Lorena Ortiz Schneider,
and Marion Rhodes
www.atanet.org/resources/podcasts.
php#episode42
Wozniak, Ted. "AB 5: It's Not Just in
California," The ATA Chronicle
(January/February 2020), 2,
https://bit.ly/Wozniak-AB5

ADDITIONAL RESOURCES
Coalition of Practicing Translators and
Interpreters of California
http://coalitionptic.org
Joint National Committee for Languages
www.languagepolicy.org

American Translators Association

11


http://www.bit.ly/ATA-AB5 http://www.bit.ly/ATA-AB5-statement https://www.bit.ly/template-employee-classification https://www.bit.ly/template-employee-classification https://www.bit.ly/legislation-state http://www.bit.ly/ATA-SB875-statement http://www.atanet.org/resources/podcasts.php#episode42 http://www.atanet.org/resources/podcasts.php#episode42 https://www.bit.ly/Wozniak-AB5 https://www.bit.ly/SB900-California http://www.coalitionptic.org http://www.languagepolicy.org https://www.bit.ly/FAQ-independent-contractor http://findyourrep.legislature.ca.gov http://www.coalitionptic.org http://www.atanet.org

The ATA Chronicle - May/June 2020

Table of Contents for the Digital Edition of The ATA Chronicle - May/June 2020

Contents
The ATA Chronicle - May/June 2020 - Cover1
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The ATA Chronicle - May/June 2020 - Contents
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