Given that AB 5 is the law, what should court reporters do now?

Ok, so now what? AB 5 codified in an official kinda way what was already the precedent known as 'Dynamex' (pronounced 'dynamics') since April, 2018. Every freelance court reporter -- and I would argue official court reporters too -- are affected. I've written plenty on that already on this blog. But today's post is about what to do now.

I plan to keep adding to this list but here's what I'm thinking so far:

- Contact your attorney and CPA to see how AB 5 affects you in your own specific situation.
- Likely you should get a business license.
- Likely you and your attorney/CPA will want to discuss forming a legal entity for yourself. This entity would probably be a Sole Proprietor, LLC, or S-Corp. (A few CPAs I know are offering special packages just for court reporters to incorporate. Check out Tejas Mehta or Phil Liberatore. ) Is incorporating the magic bullet? Unknown. But there is very good legal research going on that supports the notion that AB 5 affords a B2B exemption.
- Educate yourself on what AB 5 means. There's tons of resources out there now. My blog is hopefully just a first stop on your journey.
- Contact DRA and CCRA and let them know you are interested in AB 5 and having them push an agenda for a carve-out from the law. Both associations must work together to lobby for this. Your voice is important and powerful. They will listen to you.
- Contact your local legislator to let them know that court reporters need an exemption in AB 5.
- Don't panic. A solution will be found. Court reporting will not come to an end. Things may change but there is an irrevocable necessity for what court reporters provide to the legal community.

Tuesday, November 05, 2019

Todd Olivas

Todd Olivas is a court reporter and entrepreneur.
He founded TO&A in 2003.

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