Skip to main content

What is Your Employment Status Preference? Language Professionals & H.R.842

Image
By

Pixabay image by Robert Jones.
In a previous post we discussed the important role we play in legislative changes that impact us. A recent legislative change in California (AB5) put employment status in the forefront of many language professionals' minds. Changes in how an employee is defined in H.R. 842 has left many interpreters thinking about their personal preferences in relation to employment status. Within our profession and industry, there are differing opinions related to whether interpreters/translators are being properly classified by language service providers, and whether legislation should be so inflexible that it prohibits or limits interpreters/translators who prefer to operate as a sole proprietorship. 

H.R. 842 amends the definition of employee in the National Labor Relations Act by adding...

“An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless—
“(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact;
“(B) the service is performed outside the usual course of the business of the employer; and
“(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.”

Remember that this blogger is no legal expert and will not attempt to interpret the law. I will however highlight some of the discussion this definition has sparked in our profession: Is the primary service that language service companies (LSCs) provide within the usual course of business of the interpreter/translator? Do LSCs provide a different service that goes beyond interpreting and translation? Should the interpreters and translators that work with LSCs be considered their employees? Should LSCs offer all interpreters and translators they work with employee benefits? Should all interpreters/translators choosing to provide services to LSCs be forced to engage in employee-employer relationships with them? 

Please share your preferences by completing the survey below. 

Labels:

Comments

  1. Dynamic Packaging SoftwareOctober 19, 2021 at 3:50 AM

    This article provided me with a wealth of information. The article is incredibly helpful and offers some of the most useful information. Thank you for sharing it with us. Dynamic Packaging For Travel Agency

    ReplyDelete

Post a Comment

Popular posts from this blog

Language Proficiency & Interpreters: Am I Even Bilingual?

By
Pixabay image by Gerd Altmann   An anecdote I often share relates to my personal experience with language proficiency and identity. As a heritage speaker, I sound like a native speaker of two languages, yet language transfers such as unnatural or awkward colocations and grammar can make me sound like a foreigner in both languages.  Early in my education, I made a deliberate effort to improve my linguistic competence and eliminate some of the telltale signs of Spanish heritage speakers, like divergent attainment of the subjunctive and the morphosyntax of agreement (Scontras et al., 2015). I felt I had achieved true bilingualism, and my Spanish AP Exam score of 5 and test exemption from all Spanish college courses validated my feelings.  Shortly after starting my college education, I had an opportunity to serve in the military, where additional testing proved that my mastery of the Spanish language exceeded the minimum requirements of Cryptologic Linguists. I had done it! F...
1 comment
Read more

Beyond the Basics: Professional Development Options for Interpreters and Translators

By
In the dynamic world of language services, simply being bilingual is never enough. For interpreters and translators working in the US market, continuous professional development isn't just a requirement; it's the foundational pillar of professional excellence and the key to success, especially in the current market. As our industries evolve with new technologies and increasing demands for specialization, how do novice and seasoned professionals continue to elevate their skills? It's about deliberate, targeted development. Here are a few of my suggestions: 1. Advanced Performance and Technique Training This is where the magic happens—refining the very acts of interpreting and/or translating. For Interpreters: We, language professionals, operate in highly specialized ecosystems. Like our counterparts in law, medicine, or consulting, we must continually refine our technical execution. This means specialized workshops on advanced skills .   For example, take courses in consecu...
1 comment
Read more

Freelancing as a Healthcare Interpreter - Know Your Market for Language Professionals

By
This month I am sharing a preview of a presentation I developed over the pandemic and presented at Paving the Way and the California Healthcare Interpreters Association (CHIA) remotely.  In our new, post-pandemic reality, diversification and specialization are arguably even more important than they were before and during the pandemic.  In this short video, we cover some of the highlights of a 60-minute presentation that is intended to get us thinking about our careers. 
3 comments
Read more