Datebook: Abigail Munn wanted to run her circus company in an ethically responsible way, before anyone told her she had to.
After the California Supreme Court issued its 2018 decision in Dynamex Operations West Inc. vs. Superior Court, which created a new test to determine whether a worker is an employee or an independent contractor, she could tell that, eventually, she’d probably have to reclassify her performers at Circus Bella.
3 comments:
There are several red flags that should go off when it comes to an economic system in which taking care of one's employees can be a business's downfall. Capitalism clearly leaves no room for empathy. Besides that, it makes me really sad that the circus is a sort of dying art. I was a complete dork as a kid and took circus arts classes, learning to juggle, tight rope walk, walk on stilts (none of which I actually learned successfully), and going to the circus was also such a unique experience. All of the different acts aren't things you can find anywhere else. I, personally, am a lover of clowns, and it makes me sad that they don't have the appeal that they used to in America. In the UK, there's pantomime, and massive circuses are still put on in Europe, but I feel really bad that later generations may not experience seeing the circus train go through town, animals and all.
It was really unfortunate to read about this situation that could be avoided but is hurting a small business. I absolutely think Abigail Munn did the right thing by classifying her workers as employees as opposed to independent contractors, but it is disappointing to see the unfortunate situation she now finds herself in. In high school, a job I had classified me as an independent contractor as opposed to an employee and it meant I paid way more in taxes than I should have been, all so the company could avoid paying more. I am really impressed with Munn’s decision and think she definitely did the right thing. Hopefully, with her case now being considered individually it will be remedied going forward and potentially retroactively as well. It is challenging when there are broad classifications that do not necessarily apply accurately to a small business, and all of that was certainly made more complicated by the changes during the pandemic.
Another sad story about the plights that the pandemic has caused, but more importantly, the nominally good idea that ends up hurting people in the long run. The thing that makes me sick to my stomach is the disparities in pay for people in large corporations, when executives are raking in seven figures, but a significant portion of their workforce isn’t paying a living wage or giving their employees benefits. I’m glad that this woman was attempting to do the right things and I’m glad that the state is looking into how to make sure people aren’t being mis-classified and taken advantage of by the system or by other people. It sounds like the two big things that went wrong was that people aren’t willing to insure circuses (I know the standard insurance company is one that does cruise ships as well.) Additionally, the pandemic hit them while they were down and because we weren’t able to get our act together fast enough, small businesses like this have been closing left and right. My only hope is that these people will be able to continue performing together even if this circus (nominally) closes.
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