Friday, May 31, 2019

California Is Coming for WWE's Independent Contractor Abuse

California legislation had Vince like
WWE has abused the independent contractor label for about as long as Vincent Kennedy McMahon has run the company. In order to get around pesky things like OSHA regulations and paying out benefits, McMahon has treated his wrestlers, who are functionally employees, the same as someone might treat their landscapers. For reference why that's bad, it's that a landscaper might work on a person's property for an hour tops a week after a short commute to the property, whereas WWE wrestlers work at least four days a week in high intensity matches in most of them traveling long distances on their own dime to each site.

Anyway, the State of California, regarded as perhaps the most liberal/leftist (ha) state in the country, is currently putting a bill through its legislature to halt all of that nonsense, at least within the borders of said state. Dave Meltzer in this week's Wrestling Observer has this item (so graciously screengrabbed by Italo Santana):
So, if you can't read the script on that picture, I will transcribe it:
A bill that could change the very face of pro wrestling contracts, known as AB5, passed in the California state assembly on 5/29. The bill provided specific rules as to the difference between an employee and an independent contractor and would affect WWE, UFC and AEW competitors most likely. It would also affect Uber and Amazon drivers, manicurists and exotic dancers. All people classified as employees would get labor protection, unemployment insurance, health care subsidies, paid parental leave, overtime pay, workmen’s comp and others. The bill classifies independent contractors as workers who are completely free of company control, doing work that isn’t a central part of the company’s business and has an independent business in that same industry. Wrestlers simply don’t meet those standards. This would mean that if talent from these companies perform on shows in California, they would then be considered employees. The bill still has to pass the state Senate and be signed into law. It also could lead to similar bills introduced in other states
Two things to note here. One, if the California state senate passes this bill and Governor Gavin Newsom signs it into law, then that means WWE would either have to shape up its internal structure of how it classifies wrestlers, or it would have to avoid shows in California altogether. Given that WWE has graced the Golden State with so many big shows in the past few years, including WrestleMania XXI and a six year residency there for SummerSlam between 2009 and 2014, skipping California might take a huge chunk out of WWE's revenue.

The second thing is the whole "could lead to bills in other states" note. It could be Meltzer hope-casting his liberal wishes, or it could mean other liberal states like New York, Illinois, and Washington, for example, might end up causing a domino effect. WWE couldn't not run shows in New York, Chicago, Seattle, or whatever metropolis-containing liberal state ends up adopting such legislation. WWE could thrive if kept to states that like fucking over workers like Wisconsin, Missouri, or any deep red state in the South. However, do you really think they'd go without hitting its traditional strongholds?

Even as the United States delves further into fascism on the surface, resistance from the left will continue to fight it and eventually overcome it. That means that reform will come even to the most insignificant corners of the American experience like pro wrestling. WWE won't be able to hide from proper labor procedures for too much longer.