SACRAMENTO – The Legislature passed Senate Bills 957 and 988 by Sen. Scott Wiener (D-San Francisco). SB 937 provides flexibility to builders in challenging market conditions. It passed the Assembly 63-1 and the Senate 30-1 and now heads to the governor. SB 988 provides basic protections for freelancers who are too often denied payment for their services. It passed the Senate 33-3 and headed next to the governor.
“We can’t solve a problem we can’t measure, and with SB 957 we can take a major step toward real health equity,” he said Senator Wiener. “California needs to begin collecting the full range of data needed to understand the unique health challenges LGBTQ people face.”
“It’s also important that California protect its most vulnerable workers,” he said Senator Wiener. “Too often freelancers are exploited by their employers who sometimes avoid paying freelancers what they are owed. SB 988 takes a bold step toward justice for this massive sector of the workforce.
SB 957
SB 957 enacts all of the recommendations last year’s state auditwhich found that the California Department of Public Health’s (CDPH) failure to collect SOGI data affected its ability to protect LGBTQ health. It follows SB 932 (Wiener, Chapter 183, Statutes of 2020) and AB 959 (Chiu, Chapter 565, Statutes of 2015), which enacted the first SOGI data collection requirements from state health agencies. An audit last year found that the Department of Health is skirting those requirements, and SB 957 closes loopholes that allow the intent of laws that have been on the books for nearly a decade to be avoided.
“Last year’s state audit revealed that the California Department of Public Health is failing in its obligation to collect complete data on California’s LGBTQ+ community,” he said. Equality California Executive Director Tony Hoang. “SB 957 is an important step forward in closing gaps in existing law and getting a comprehensive picture of the health needs of LGBTQ+ Californians. We are deeply grateful to Senator Wiener for his years of leadership on this issue and to the California Legislature for ensuring that the health and well-being of LGBTQ+ Californians is not forgotten in any aspect of our public health care system.”
“SB 957 is necessary to better understand the needs, care and services of people of all identities and the extent to which disparities may exist in health, services and access to care issues across the LGBTQI+ population,” he said. Dannie Ceseña, director of the California LGBTQ Health and Human Services Network. “As California engages in emerging practices using specific data elements such as SOGI data, we can ensure that CDPH’s responses are directed where they are most needed. We are grateful to Senator Wiener for continuing to champion this issue.
“The San Francisco AIDS Foundation thanks the California State Legislature for passing SB 957 and prioritizing health equity for LGBTQ+ people in our state. As we work in the field to provide services for our LGBTQ+ clients, we recognize the structural forces that shape our understanding of queer health issues, the disproportionate impact of conditions on queer communities, and ultimately our delivery of care. Better data will help us expand the quality and reach of services and the ability to tailor our services to best meet the needs of those we serve.” comments Tyer TerMeer, CEO.
To ensure that CDPH collects complete SOGI data to effectively implement and provide critical services for LGBTQ+ people, SB 957 implements the audit report’s recommendations by amending existing law to require CPDH to:
- Collect SOGI data from third party entities, including local health jurisdictions, on any forms or electronic data systems unless prohibited by federal or state law;
- Provide an annual report to the public and the Legislature on its efforts to collect, analyze, and report SOGI data;
- improve services or program outcomes for underserved LGBTQ+ communities;
- Allow voluntarily provided SOGI data to be included in immunization data
SB 957 is sponsored by Equality California, the California LGBTQ Health & Human Services Network, the San Francisco AIDS Foundation, and the California Legislative LGBTQ Caucus as a co-sponsor.
SB 988
SB 988 passed 70-0 and heads next door to the Senate for a concurrence vote before heading to the governor for his signature.
Freelancing is a rapidly growing and key sector of the economy. In 2022, 60 million Americans were freelancers, making up 39% of the total workforce and contributes $1.35 trillion to the national economy.
Most freelancers lack basic worker protections, especially the right to be paid on time for their work. According to Union of liberal professions71% of workers have experienced delays or non-payment. 59% report living paycheck to paycheck. Most of them do not have written contracts, as only 25% said they have written contracts on a permanent basis.
The Freelancer Protection Act provides basic protections, including:
- Command Contracts: Any freelancer performing work over $250 for a hiring entity over a four-month period is entitled to a contract outlining the expected scope of work, rate of pay, and method of payment.
- 30-day payment terms: Clients must pay their freelancers within 30 days of completion of work, unless otherwise specified in the contract.
- Protection of the payment contract: Clients cannot demand that freelancers accept less than the contract in exchange for faster payment.
- Anti-retaliation: Clients cannot retaliate against freelancers for making a payment.
- Double Damage: Freelancers who fall victim to non-payment are entitled to damages equal to double the payment originally stated in their contract, plus costs and attorneys’ fees.
SB 988 is sponsored by the California Teamsters Public Affairs Council and the National Writers Union.
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