One San Jose mayoral candidate appears to have violated state labor laws by treating—and paying—his campaign workers as independent contractors instead of employees.
San Jose Councilmember Matt Mahan‘s mayoral campaign lists its workers—from volunteer coordinator to deputy field director to campaign manager—as “consultants” in campaign finance disclosure forms, according to analysis by San José Spotlight. Mahan’s campaign hired 18 consultants this year alone, campaign documents show. At least 10 are in high school or college or have recently graduated, according to their LinkedIn profiles. All are paid in rounded figures similar to a flat fee instead of an hourly wage. None own campaign consultancies or firms.
That appears to violate Assembly Bill 5, a state law approved in 2019 that requires many companies to classify workers—including campaign staff—as employees instead of independent contractors. The law, initially targeting rideshare companies, attempted to crack down on employers misclassifying workers to skirt paying benefits, payroll taxes and higher wages.
Mahan is facing off with Santa Clara County Supervisor Cindy Chavez in November to replace Mayor Sam Liccardo. The pair beat out five other candidates—including two of Mahan’s colleagues on the San Jose City Council—in the June primary election.
Campaign consultants, election attorneys and pollsters with their own firms are typically considered independent contractors and exempt from AB 5, according to election...
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