San Jose Councilmember Matt Mahan’s mayoral campaign is correcting the misclassifying of some of its employees, weeks after facing a complaint filed with the state labor commissioner.
The changes follow San José Spotlight’s reporting on how Mahan’s campaign listed at least 18 workers as consultants in campaign finance disclosure forms. More than half are high schoolers, in college or recent grads. None own campaign consultancies or firms.
“As soon as we learned that some of our workers may have been mislabeled on our forms 460s, we engaged legal counsel with expertise in the labor and employment field,” Matthew Quevedo, Mahan’s campaign manager, told San José Spotlight. “We have now corrected the instances of mislabeled workers on previous form 460s and we are filing taxes for those workers now being re-classified as employees.”
Quevedo added the campaign decided to make the changes “out of an abundance of caution.” He wouldn’t address the pending state complaint.
Mahan’s campaign now lists its payments to workers under “wages” or “stipend,” according to its latest campaign finance filing. The workers were previously listed as “consultants.” The campaign also started paying for liability insurance and payroll taxes, which it hadn’t in the past.
The campaign’s misclassification of the workers—ranging from volunteer coordinator to deputy field director to campaign manager—appears to violate Assembly Bill 5, a state law approved in 2019 that requires many companies to...
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