July 11, 2019 § 13 Comments
If you are a regular reader of this blog you know my position regarding California’s AB5 bill that will benefit independent contractor interpreters who are currently prey to abusive practices by many agencies that treat them like employees but provide no labor benefits in that state. If enacted into law, this legislation will protect those who cannot move or seek other sources of work due to personal circumstances such as a sick child, and elderly parent, or unaffordable individual health insurance coverage. (For more information, please see my post of June 12).
I have no problem with those colleagues who, acting as small business owners, not professional interpreters, seek to influence the legislature and kill the bill. They have a legitimate right to do so, just like I exercise my right to support the bill and advocate for its passing.
The situation turns problematic when an association the size of the National Association of Judicial Interpreters and Translators (NAJIT) apparently injects itself into a controversy that affects many of its members on both sides of the bill, and throws its support behind one sector of its membership: the agency owners.
It concerns me that a national association decided to participate on a state-level issue in a way that goes beyond its mission to advance the quality of the services provided by its membership, and the professionalization of interpreting, and decides to adopt a position fueled by the commercial interests of some of its small agency members, and those who have listened to the one-sided arguments by these businesspeople, and erroneously think the legislation would harm them. A professional association should concern itself with continuing education, position papers, and support of its membership’s efforts to become a recognized profession, not a commercial entity or a merchant guild. It should not support the other side either.
Independent contractor interpreters have the support of the California Labor Unions and Guild; Agency owners are represented by the Association of Language Companies (ALC), an entity conceived to advance their business interests, not the professional status of individual interpreters or translators. On this issue, agency owners who are NAJIT members should turn to those who share their interests in ALC.
Professional associations should refrain from taking positions and acting on behalf of a membership segment at the expense of another. From the beginning of this controversy, at the time of the Dynamex decision, the American Translators Association (ATA) took itself out of this issue by announcing they would not take sides. That was the right decision, they did not put some members over the rest.
The second thing that troubles me is the way NAJIT got involved in this issue. The membership was not informed of any discussion about this support; as far as I know there was never a Board meeting to deal with this issue. No decision was ever made, and the Board was not consulted. For all these reasons, it is very disconcerting, and extremely troublesome to see NAJIT’s Chair actively participating on these actions through social media, by letting others use the name of NAJIT in a way the public could think the association and its Board were behind these efforts, and (according to social media) by actively attending the legislature’s session, not as a private member, but representing NAJIT (there are social media posts showing her approval of these actions). In fact, to foster trust on the leadership, I believe Board members should remain neutral even as individual members of the association for as long as they are part of the Board. I have no way to know if any other members of the Board participated in such an unfortunate incident, because there is no evidence they did, but if this were the case, they would have acted ultra vires as well, and without discussing these actions as a Board.
Fortunately, the California Senate’s Labor, Public Employment and Retirement Committee passed the bill on Wednesday, and it now moves to the Appropriations Committee before it can reach the Senate floor. Assemblywoman Lorena González (D-San Diego), author of the bill, added business to business services to the list of exempted occupations. This can be used to escape the law by some of those who claim the legislation will put them out of business.
It is my sincere hope that NAJIT and its Board, thinking of its membership as a whole, publicly take a position of neutrality and clarify they will not support some of its members over others.
June 12, 2019 § 11 Comments
Think of a colleague, anywhere in the United States, who is battling a devastating illness and cannot get the treatment she needs because she has no health insurance, and medical expenses are so high she cannot cover them. I am sure you know an interpreter who has tried to get a job because he is worried about retirement years from now, but cannot get one because nobody is hiring. Language service providers want independent contractors because they have no legal obligation to provide employment benefits: health insurance, retirement plan, paid holidays and vacation, maternity leave, worker’s compensation insurance. If you prefer, look very carefully at your interpreter colleagues who have a sick parent, a disabled child, or another powerful reason to stay where they now live, and for that reason, they have to interpret for the agencies in town (local and multinational) and they do it in silence because they are afraid of losing these assignments, even when they are poorly paid, and they have to endure terrible, and sometimes humiliating working conditions.
Of course, you can always look at your own practice; I invite you to do so and honestly answer these questions: Do you enjoy having to check in and out with the agency every time you do an assignment? do you feel comfortable asking the person you just interpreted for to write down the hours you interpreted and to sign the form so you get paid by the agency? Do you find amusing having to spend hours on the phone and writing emails so you can get paid for a last-minute canceled assignment the agency does not want to pay? Maybe some of you like staying at the venue after interpreting is over because the agency makes you stay for the full time they retained you, even though all your work is done. Perhaps your definition of professional services includes cleaning up files or making photocopies until your time is up. Do you like it when the agency prints you business cards under their name and forces you to give them to the client? Do you like dodging all clients’ interpreting services questions by referring them to the agency every time? How about micromanaging your time on the assignment?
I doubt you enjoy any of these things, but even if you do, please understand that these intermediaries are taking advantage of you. They are forcing you to perform as an employee without paying you any benefits. Agencies distract you by telling you what a wonderful lifestyle you have, how flexible your schedule is, and everything thanks to them, your benefactors who find you work while you do not even lift a finger.
This is what the California State Legislature is trying to stop by forcing those employers who treat their “independent contractors” as employees to provide all benefits and protections people who do what these interpreters do for the agencies are legally entitled to. Think like an interpreter, stand up for your colleagues and the profession. Do not buy the arguments agencies are propagating. They do not see this legislation from the interpreters’ perspective. They see it from their business perspective.
For a long time, agencies have enjoyed this cozy business model that lets them charge their client for your service, pay you a part of it, and get you to do anything they want without incurring in any human resource expenses. It is a win-win situation for them. It is an abusive scheme for the interpreter.
Big multinational agencies are campaigning hard to defeat these legal protections not because they will “destroy the industry” as they put it, but because they will lose their golden egg goose. There will be no more freebies. They come at you with their lobbyists and make you believe they are on your side, they portray themselves as your savior and use scare tactics to make you think there will be no work for you if they are forced to lower their profits by living up to their legal and moral obligations to the interpreters.
Freelancing is not going to end after the bill becomes the law of the land in California or anywhere else. I am a freelance interpreter and I am not afraid. I do not work with these agencies, big or small, who now claim they are on a quest to save us all. New legislation or status quo will not impact my practice, and it will not impact that of most colleagues I work on a daily basis; however, leaving things as they are, giving back these agencies a position of power over the interpreters who work for them, will keep our less fortunate colleagues in the same deplorable conditions they have been working for all these years. This is a decisive moment. Multinational agencies and their lobby know it. They will fight the State of California with everything they have because they know the Golden State is a place where they can be unmasked and lose their privileges. Interpreters have organized labor backing their efforts because there are unions and guilds in California. Other States do not have them. The middleman knows that California is a decisive battlefield and they are spending money and sending their PR people to “convince” interpreters that defeating this legislation is best.
They argue they will not be able to hire interpreters because it would be too expensive. That many agencies will not survive and interpreters will lose a source of work. That is the point. The bill will only be successful when this serf-owner business model is erased. Will interpreters be more expensive because of the labor benefits? Yes. Interpreters deserve these protections. Agencies will either close or adjust their business models to comply with the legislation. Will agencies hire less interpreters? Of course, but the need for interpreters will not go away. There will be many more interpreters hired directly by clients. Is this going to hurt small agencies? It should. Small agencies should not exist in this business model because the essential condition for their survival is the denial of workers’ rights under the law.
Complaints that the legislation has exempted other professions like physicians and attorneys, but not interpreters are nonsense. Doctors and lawyers are well-established professions. Nobody would ever think of calling a “medical agency” and ask for a brain surgeon for tomorrow at 8:00am. If we want to be treated like these professions, we need to look like them. First step: get rid of the middleman. I know, some will say: “but…hairdressers are excluded and they are not a profession like doctors and lawyers” That is true and it is wrong. They should be covered by the legislation. The difference is: They got a better lobbyist and got their sorry exception in detriment of the people providing beauty services.
What about the argument that smaller agencies will not be able to stay in business because they will not afford it? In my opinion, these so-called agencies are not really agencies; most of them are a solo operation where somebody with connections acts as a referral service. I find this dangerous because these “agencies” just want a warm body with the right language combination for the assignment. I do not get the impression that messages on social media that read: “need French interpreter tomorrow at 2 pm” project exemplary quality control. Moreover, these people are not an agency, they should think and act like professionals and do what I do, and many of my colleagues do (all doctors and layers do the same thing): When your client asks for interpreters in a language combination different from mine, I just suggest a list of trusted experienced professional friends I am willing to vouch for, and let my client decide who he will retain and for what fee. I do not get involved, I do not get referral fees.
Finally, to the argument the ABC test is impossible to overcome: This is false. It can easily be overcome by a real independent contractor relationship. That is the point. If any agency could disguise a de-facto employee as an independent contractor the law would be pointless.
I understand what multinational agencies, their lobbyists, small agencies, and those solo practitioners who call themselves an agency without actually being one are doing. They are defending their very lucrative status quo. They have a right to fight for it and save their “industry”. As always, my concern are the interpreters and the profession, and from this perspective, I see the new California legislation as a step forward to our professionalization because, on top of protecting our colleagues in need, it will weaken the agency model, a necessary condition to become a true profession worthy of a place in the pantheon of professions. This is the time to listen to our colleagues and defend our profession, not the middleman interests.
April 8, 2019 § 4 Comments
All professions must be on their toes to protect their members and guard themselves from outside forces that, from time to time, try to destroy them by lowering their ethical principles and standards, compromising the quality of their professional services, or eroding their public trust. This is one of the main reasons professionals organize in associations like the American Medical Association (AMA); attorney national and state bars like the American Bar Association (ABA); or institutes like the American Institute of Architects (AIA).
Unfortunately, in the United States and other countries, our profession does not have such a body to protect the services we provide and the minimum requirements to practice interpretation. With no compulsory membership of a professional association, and associations that only serve their members’ interests (and sometimes not even that when corporations are welcomed as members) or are of a culture so foreign to the United States it makes them unattractive to the American idiosyncrasy, all we have left are the individual efforts of some of our colleagues, labor unions or guilds where they exist, and some local professional associations willing to protect us all, even those who are not their members.
During the last twelve months we have been attacked at an unprecedented rate: The associations of agencies’ efforts to overturn California’s Supreme Court Dynamex decision that empowers independent contractor interpreters by giving them leverage to negotiate with multinational and unscrupulous agencies that abuse their position of power when hiring individual interpreters; The Oregon Judicial Department Court Language Access Services (CLAS) change to the Uniform Trial Court Rules (UTCR) stripping court interpreters working in that state of their right to sight translate documents in court; and the California so called “Language Access Plan” (LAP) providing free interpreting services to anyone who requests an interpreter in Civil matters, regardless of their income, and depriving court interpreters in that state from practicing their profession in civil courts.
All nefarious actions setting our profession back many decades, but none as alarming and devastating as an effort by some Texas State legislators to lower the requirements to practice court interpreting in that state to a historical low. Please read this post even if you are a reader from another country, or if you do not interpret in court. It is that important.
Texas never distinguished itself as a state where court interpreting certification was universally appreciated or desired. It was a late-comer to the sphere of states requiring certification to practice as interpreter in the state courts. After much back and forth, the State settled for a licensing system that resembled the state certification program adopted by most states. Despite the unfortunate grandfathering of some subpar “interpreters” who had “practiced” for a long time before licensing became the law of the land, Texas eventually offered the National Center for State Courts (NCSC) exam offered in other states. For reasons difficult to explain and defend, after some debate, it was decided that Texas would have a two-tier licensing system for court interpreters: Those passing an English monolingual written exam with a score of 80 percent, and all three sections of the oral test (sight translation, consecutive, and simultaneous interpreting) with a score of 70 percent on all three sections are granted a “master” license. Candidates who pass the English monolingual written exam with a score of 80 percent, and all three sections of the oral test (sight translation, consecutive, and simultaneous interpreting) with a score of 60 percent on all three sections are granted a “basic” license. These “basic” interpreters can only appear in minor cases decided in courts not of record. (http://ow.ly/OL9Y30olqdH)
These requirements fall short when compared to the federal minimum standards (on a more difficult exam) and to the minimum requirements in most states. The National Proficiency Designations for Court Interpreters of Spoken Languages classifies court interpreters in languages for which a NCSC -sanctioned oral exam is available in four categories. Tier one, the higher category, encompasses those interpreters certified by the Administrative Office of the United States Courts (USAOC) commonly known as “federally certified court interpreters”, and state-certified court interpreters who obtained in one cycle (because some states allow certification in installments!) a minimum score of 80 percent in the simultaneous and consecutive portions of the exam, and a minimum passing score of 75 percent on each of the two sight translations (English into the foreign language, and from the foreign language into English) with a minimum combined score of 80 percent.
Candidates certified in at least one state who passed the NCSC exam within 12 months of the certification with a score of at least 70 percent in each of the simultaneous and consecutive interpreting sections of the oral test, and a minimum score of 65 percent on each of the two sight translations (see above) with a minimum combined score of 70 percent are classified as Tier 2 interpreters. This means that an individual can have a “master license” in Texas and be classified as a Tier 2 interpreter nationwide. Individuals getting, in one test cycle, a passing score of 60 percent in each of the simultaneous and consecutive parts of the exam, and a minimum score of 55 percent on each of the two sight translations (see above) with a minimum combined score of 60 percent are classified as Tier 3 interpreters. (https://www.ncsc.org/~/media/Files/PDF/Services%20and%20Experts/Areas%20of%20expertise/Language%20Access/VRI/1%20National%20Interpreter%20Database/National_Proficiency_Designations_for_Court%20Interpreters.ashx)
I know this looks bad, but that is not the problem that motivated me to write this piece. At this moment the Texas State Legislature is in session, and they are considering a bill that will eliminate the two-tiered licensing system and create a single state court interpreter license. Unfortunately, instead of amending the statute to raise the bar, these legislators are trying to lower it. This would open the door to anybody with no training or formal education, no skill or knowledge, to portray themselves as “licensed court interpreters”, destroying the profession in the Lone Star State. This very concerning bill was introduced by State Representative Ron Reynolds of Ft. Bend, Texas and it is being debated in the Texas House at the House Judiciary and Civil Jurisprudence Committee as HB 3627 (https://capitol.texas.gov/tlodocs/86R/billtext/html/HB03627I.htm?fbclid=IwAR0Vqopuc7tzdm9laroZc3_UP-gr0e2ZZeCw47Zx9xH3xRp-jxZrRQK6KNc)
Its companion bill was just introduced in the Texas State Senate on March 21, 2019 by Democratic Senator Borris Miles of Harris and Ft. Bend Counties as SB 2176. It was immediately referred to the State Affairs Committee. The City of Houston is in Harris County, and Ft. Bend is the county next door. (https://legiscan.com/TX/text/SB2176/id/1952181?fbclid=IwAR3OseP5xQbVL_sPx4SpnRHs-uN1f-stA5fGymG5-eyN-IZZ8vEECWtR8nM)
All of us, especially our colleagues in Texas, need to contact these legislators, raise awareness within the legal community and interpreter associations, and educate the general public. You can reach Representative Reynolds at: (281) 208-3574, and (512) 463-0494. Senator Miles at: (512) 463-0113, (713) 665-8322, (281) 261-2360 and (713) 223-0387.
Can you imagine going to a surgeon with a record of losing 4 out of every 10 patients he operates on? Would you go to a lawyer who loses 4 out of every 10 trials? I do not know many people who would pay a dentist who pulls out the wrong tooth forty percent of the time, and I cannot think of anybody who would get on a plane knowing that the pilot knows only 60 percent of what you need to know at a minimum to safely fly to a destination. These may seem like exaggerations, but they are not. This is what the Texas Legislature is considering right now. Their answer to a shortage of professionals is not to promote the profession or legislate to make it more attractive. Their plan is to lower the bar so low anybody who can order a beer south of the border can interpret a death penalty case.
These are very serious consequences, but we should let activists and human rights advocates fight these issues with the State Legislature. We must focus on a different issue derived from the same bill; an issue nobody else will fight to defend: Our profession. We have to stand united against the destruction of our profession by a group of uninformed legislators who obviously lack basic understanding of what interpreters do. We have to fight against this bill or the profession will die in the Lone Star State. Our colleagues will lose a significant market share to those pseudo-interpreters who will flood the market and charge rock bottom fees, because they will look great when compared to the money they now earn flipping hamburgers at the fast food joint around the corner (noting against fast food workers, admired, honest individuals, but they are not interpreters). Our colleagues, those real professionals that call Texas home, will also share on the stigma of living in a state where everybody and their brother can interpret in state court. Their reputation will suffer, not with their trusted clients who appreciate their services, but in the public opinion. There is no justification for this legislation in a state that should be concerned with raising professional standards instead of eliminating them all. Please take action individually, in your professional circle with clients, family, and friends; it does not matter you are a conference interpreter, or that you work in the hospitals, or that you live in Illinois. You can even protect the profession from abroad. Talk to your local interpreter associations; contact NAJIT at the national level, and TAJIT, EPITA, HITA, MITA, AATIA, TAHIT and all other associations in Texas.
I now invite you to share with the rest of us any other ideas you may have to fight against this travesty in Texas.
March 21, 2019 § 5 Comments
Quite a few colleagues from California and other states, even foreign countries, have contacted me to complain about certain practices, and even legislation, that directly deprives them from their right to make a living by practicing as freelance court interpreters.
In California, the full implementation of the so-called “Language Access Plan” (LAP) goes into effect full blast by 2020. This is a strategy adopted by the State to meet the requirements of Title VI of the Civil Rights Act and keep California as beneficiary of federal funds attached to this legislation (http://www.courts.ca.gov/documents/LAP-Fact-Sheet.pdf).
The State had already partially complied with the federal mandate when it was sued by a non-for-profit organization, now a member of the State’s Advisory Committee on this Plan. As a result, California decided to provide, free, interpreting services to anyone who requests an interpreter in Civil matters. This is a universal rule, not limited by income-based eligibility requirements, and it applies to both: low income litigants with no ability to pay for an interpreter, who benefit greatly from this service, and Fortune 500 corporations that appear in court represented by high-price attorneys and rely on the expert testimony of expensive witnesses.
This decision by the State has nothing to do with the preposterous practice, followed by many States, to dodge Title VI of the Civil Rights Act’s mandate by creating de dubious “Justice System Interpreters” program (it goes by different names in various States) and save money, instead of fostering the development of real certified court interpreters and paying them a professional fee for their expert services. This mandatory policy California will fully implement by 2020 (unless the rule of law prevails and it is amended) impacts professional certified and registered (depending on the language combination) court interpreters.
California adopted a sweeping, populist demagogic policy that mandates free interpreting services for anybody in any court proceeding. At first, this looks like a fair and wise decision by a progressive State that wants to level the legal field for all its citizens, but if you just peel off the top layer, you discover the policy is wrong, expensive, incoherent, and illegal.
It is wrong because it treats all litigants the same way in non-criminal matters, going beyond Federal and State constitutional protections limited to criminal proceedings, and creating an even greater uneven field by rightly providing free interpreters to those civil litigants who cannot afford a private interpreter, and wrongly gifting the same option to those individuals and corporations with the means to pay for these services. A well-intentioned solution resulted in a policy that makes no sense.
It is expensive because the interpreters providing this service will be paid by the State of California through a judicial fund, wasting valuable taxpayer money in interpreter fees that should be paid by those civil matters’ litigants who can afford them. Court interpreter programs need more financial resources in California and elsewhere, and a State willing to invest money in language access programs should allocate those funds to professional development and better pay for those freelance interpreters serving criminal courts and interpreting civil matters for indigent litigants, not big business and wealthy individuals.
It is incoherent because Congress’ intent, in advancing these constitutional protections, was to give all individuals, regardless of their financial situation, the same access to the administration of justice even where they speak a language other than English. The legislator never envisioned a situation where taxpayers’ money would cover expenses derived of civil litigation, where life and liberty are not at stake, to favor those who do not need financial assistance. Under a rational basis criterion, taxpayers’ interest to judiciously spend their money substantially outweighs the needs of Fortune 500 businesses and millionaires to get an interpreter free of charge in civil matters.
It is illegal, because implementing this policy mandates all court administrators, managing interpreters, chief judges, and others in charge of court interpreting services at the courthouse level, to provide free interpreters in all civil cases, and, as it has been (almost) unanimously interpreted by these government agents, this means that freelance court interpreters should be banned and excluded from all civil court proceedings when their services are not paid by the judiciary, even when litigants prefer the services of independent court interpreters and they will pay for their services. California legislation establishes the requirements to practice court interpreting in the State as a certified or registered court interpreter (depending on the language combination). Perhaps these certification and registration requirements are meant to qualify as a court interpreter contracted by the court, but for the sake of argument, and because having certified and registered interpreters serve courts and litigants better, let’s assume however, requirements are necessary to practice as a court interpreter. Conclusion: As long interpreters meet the requirements, and until these credentials are suspended or revoked, they should be admitted to practice in any proceeding when the parties retain their services.
The other professional in a civil proceeding is the attorney. All parties may retain the attorney of their choice to represent them in any court matters; those who cannot pay for legal representation can seek assistance by non-for-profit organizations that provide attorneys for free or on a sliding scale. Attorneys are not excluded from a proceeding when paid by one party. I understand that, if you only see this situation from the litigants’ perspective, the issue is not exactly the same. Indigent litigants can appear in court pro-se if they cannot afford a lawyer, but non-English speakers cannot represent themselves, and their access to the administration of justice must be guaranteed by providing a court interpreter; however, in civil cases, said right should be tempered by the individuals ability to pay for an interpreter, so indigent litigants enjoy an even field with English speakers, taxpayers money is not wasted on paying for the services of an interpreter they can easily afford on their own, and freelance civil court interpreters can exercise their right to practice in the courts of California when their client will pay for their services.
Please remember that I am referring to those cases where litigants can pick their interpreters, just as wealthy people choose their doctors, lawyers, and accountants. I am not including in this category services provided by freelance court interpreters to indigent plaintiffs and defendants who cannot pay such fees but retain the interpreting services because they ignore a program would furnish an interpreter at no cost if they financially qualify for it.
The cases that concern my colleagues, and worry me as a member of the profession, are those controversies so complex, they need expert attorneys, witnesses and interpreters. These require of months of preparation, where interpreters are a crucial part of the legal team and often travel overseas with lawyers and investigators for interviews, inspections, and depositions. I am also talking about civil trials dealing with topics so sophisticated that attorneys, sometimes by agreement of the parties, hire freelance interpreters, not to be part of the plaintiff’s or defense’s team, but to interpret all court proceedings for the judge and jury. These interpreters are selected because of their experience on a particular subject, or because of their known skill and diligence, needed to prepare for a difficult, long trial, where branding, reputation, and a lot of money are at stake.
Some of our colleagues have told me that interpreters’ professional associations, interpreters’ labor unions (where they exist) and even staff interpreters oppose an amendment that will allow independent contractor civil court interpreters back in the courtroom.
This should not be the case. Staff interpreters should be glad to have one less issue to worry about. Civil Law and proceedings are very complex. Inexperienced civil court interpreters, even when they may have many years of criminal court practice, which encompasses most of those working as independent contractors with the courts, are prone to make mistakes when dealing with unfamiliar subjects and little time to prepare for a case. Professional associations, labor unions, and interpreters’ guilds are about advancing and protecting the profession. Excluding civil court interpreters from State courtrooms benefits no one. Even when the excluded professional is a non-unionized independent contractor, or these colleagues are not members of the professional association or guild, any policy that irrationally limits the livelihood of a group of interpreters eligible to perform a service hurts the profession and damages all, unionized, independent, and staffers. All agencies devoted to the advancement and protection of the profession must understand that independents, staffers, or members of a different association are not the enemy, we all play for the same team. We must channel our energy and resources to change legislation, regulations, and government policy like this one. We must remember: Those driving professional fees down, lowering professional standards, and destroying decent working conditions are the greedy agencies, not our fellow interpreters. In places like California where a professional association specifically deals with the interests of independent contractor court interpreters, such as AIJIC (http://www.aijic.org/), ask them to lead the campaign and support them in these efforts. States where there is not a professional association of independent or in general judiciary interpreters, local and State-wide professional associations must protect the profession by assuming leadership in this and other matters that affect professional interpreters in their State or region.
I have heard that government officials are unwilling to rectify because they do not want to lose face; that they worry about not getting federal funds if found noncompliant with Title VI of the Civil Rights Act; that they problem is stubbornness or ignorance of the interpreter profession or disregard for what interpreters do in a court proceeding.
Government officials must put constituents first and sometimes this means that a law, regulations, or public policy need to be amended. Can you imagine our country without the Twenty-first Constitutional Amendment repealing prohibition because legislators wanted to save face? Federal authorities over at the Justice Department would never retain federal funds from a State unless there was a violation of the Civil Rights Act. As long as there is equal access to the administration of justice, and the access is guaranteed to those who speak a language other than English by providing a free interpreter to those who cannot afford to hire one on their own.
The situation may be more difficult when dealing with stubborn or ignorant public servants. Here, after reasoning and dialogue takes you nowhere, and there is no other option, interpreters’ professional associations, such as AIJIC, supported by other national and local associations, including interpreter labor unions and guilds, should stop wasting their time with government officials who do not want to listen, and take their concerns to the interested parties: Attorney State Bars, local Bars, ethnic and gender-based Bars, Law Schools, Judicial Colleges and Associations, carefully targeted judges and legislators (not bureaucratic committees ruled by the same rigid individuals they could not convince before), and social media. Make the case that quality suffers when unprepared interpreters work in a case; clarify that certified and registered court interpreters cannot be denied access to the place where they find their livelihood. Help them see this situation your way; they have an interest on this policy, but it does not impact the way they make a living if left unchanged.
Civil court interpreting is a niche. Most certified and registered court interpreters are not familiar with civil law and procedure; court interpreter certification exams cover criminal law and procedure, not civil law. Since the implementation of Title VI of the Civil Rights Act nationwide during the Obama years, I have talked to many court interpreters scheduled by the courts to interpret civil matters who feel apprehensive and not-prepared. Even though the purpose of this post, and all my posts really, is to protect our profession and show all issues from the often-ignored interpreter’s perspective, often, the quality of the rendition and the administration of justice, would greatly improve if freelance civil court interpreters are welcomed back to the courtrooms in California and elsewhere. I now invite you share with the rest of us the situation of these civil court interpreters in your State, given the implementation of Title VI of the Civil Rights Act. I would also like to hear from those colleagues in other countries who may be facing a similar situation. Finally, please share your ideas to right this wrong.
January 24, 2019 § 3 Comments
2018 was a great year for many of us. Many of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) will pay for what they need but are looking for the best service at the best price. The question is: How do we adapt to reality, keep up with technology, and improve our service? The answer is complex and it includes many issues. Like every January, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology. We need to be better interpreters. We must study, we must practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we must attend professional conferences.
I find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you discover what is happening out in the very competitive world of interpreting. Fortunately, there are many professional conferences all year long and all over the world. Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries. Unfortunately, there are so many attractive conferences and we must choose where to go. I understand that some of you may attend one conference per year or maybe your policy is to go to conferences offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there. I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2019 conferences I am determined to attend. In other years I have attended more conferences than the ones on my list, last-minute changing circumstances and personal commitments let me go to events I had not planned to attend at the beginning of the year. Besides great content and first-class presenters, when I attend a conference, I consider other elements that, in my opinion, are as relevant as content and presenter quality. I do not attend conferences organized by entities (individuals or agencies) who strategically put together great content and top-notch presenters to attract interpreters for the purpose of directly or indirectly recruit them to work for low fees and deplorable work conditions. I do not go to conferences organized, or partly organized, by individuals or agencies well-known for paying low fees and treating interpreters as medieval serfs or commodities in their so-called “industry”. With one exception (and you can discover the reasons) I do not participate in conferences with side shows such as trade shows and corporate members who directly oppose the interests and well-being of professional interpreters and translators; and you will never find me at events co-sponsored by entities (individuals or agencies) who are attempting to create a favorable image in new markets to enter said markets and lower the standards by imposing their practices in the new countries they intend to profit from. My money will not go to these corporations and individuals, regardless of the show they bring to town. I will not do it.
As of today, the conferences I plan to attend this year are:
The First Africa International Translation Conference in Nairobi, Kenya (February 8-9). I will attend this conference because I want to be part of history and support the tremendous efforts of our often forgotten African colleagues. They have put together a program with excellent presenters, interesting topics, and the potential of networking with so many colleagues that do not go to many events in Europe or the United States. If you are an interpreter, translator, proof-reader, linguist, teacher, or you just love languages and cultures, this is an event you need to attend.
The Institute of Translation and Interpreting (ITI) Conference in Sheffield, U.K. (May 10-11). The ITI conference is the biggest professional conference for interpreters and translators in the United Kingdom. This event does not happen every year, and the two-year wait is worth it. Those who live in the United States should travel to Sheffield and hear presenters who do not travel to the events in the Americas. The conference will have a track dedicated to interpreting issues. You can also enjoy the invaluable experience of learning about the problems our colleagues are facing across the Atlantic, and hopefully learn from the strategy they resorted to solve a problem that could be similar (sometimes identical) to a situation we may be fighting in the United States at this time. I hope to see many of my American and European friends and colleagues at this event.
The National Association of Judiciary Interpreters and Translators (NAJIT) Conference in Nashville, TN (May 17-19). Because of the size of the event, and its content, NAJIT offers the premier conference for judiciary interpreters and translator, in the United States, and I dare to say anywhere. This event covers legal interpreting from all angles: court, out of court, ethics, business, domestic and international, and many others. It also deals with legal translation and transcription topics no other conference covers. The association went through a bumpy ride that in my opinion affected its credibility and ability to represent the common professional interests of the legal interpreter and translator community, but after a successful election, and with a new Board, that is now in the past. I am looking forward to a great conference in one of the most spectacular cities in the United States.
Quinto Encuentro Internacional de Traductores dentro de la Feria Universitaria del Libro (FUL) in Pachuca, Mexico (August 30-31). I have attended this conference from its inception and it is bigger and better every year. This conference centers on a topic every year and 2019 will offer interpreting and translation workshops and presentations related to human rights. I like this event because of the many students from several Mexican States. Most conferences are attended by professional colleagues with years of experience, but this “encuentro” is attended by bus loads of translation, interpreting, and other language-related colleges and universities from the hone-state of Hidalgo and surrounding States. It is also known for its broad coverage of issues rarely covered by other conferences such as indigenous languages, political rights, and others. The conference takes place within the International University Book Fair (FUL) and this gives it a unique atmosphere. If you live in Mexico, I encourage you to attend this event.
American Translators Association ATA 60 Conference in Palm Springs, CA (October 23-26). Every year, the American Translators Association puts the biggest show on earth. More presentations to choose from, more attendees, and a great chance to see old friends and make new ones. Besides the content of its presentations and workshops, this conference includes other events I am not a fan of under the same roof: they do a trade show and provide a space for many multinational agencies to approach and convince interpreters and translators to work for laughable fees and conditions. These sore spots should not keep professional interpreters from attending the honest academic portions of the event. To take advantage of the conference without being exposed to the many predators that attend every year in agencies, vendors, and “well-intentioned colleagues”, I pick my activities carefully, never losing sight of those in attendance who want to destroy our profession and turn it into an industry of commodities. With that warning, and despite the difficulties to reach Palm Springs for most of our colleagues from around the world, go to Palm Springs and enjoy the conference, vote for Board members who do not put corporate members over individual interpreters and translators, and have a great time with your friends.
XXIII Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 23-24) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from a very successful sold-out XXI Congress, the 2019 edition will have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language. Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds, purchase books, listen to some or the most renowned authors in the world, or just window shop between sessions. Other events may appear from time to time, but this remains, by far, the premier translation and interpreting event in Mexico.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. I also know of other very good conferences all over the world, some of the best are local, regional, and national events; others are specialized conferences tailored to a certain field of our profession. I would love to attend many but I cannot. Some of you will probably read this post in a group or website of an association whose conference I will not attend this year, you will probably see me at other conferences not even mentioned here; that is likely. To those I cannot attend this year: I wish you success and productive conferences. Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one conference, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2019.
December 27, 2018 § 16 Comments
Now that 2018 is ending and we are working towards a fruitful and meaningful 2019, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, this year was packed with learning opportunities. In 2018 I worked with magnificent interpreters and many of my dearest colleagues.
Our profession had positive developments this year: The Spanish Division of the American Translators Association held a very successful conference in Miami, Florida, where those of us in attendance could see many friends and colleagues doing great things for our professions. It was an eye-opener to experience first hand how a professional conference organized by one of the divisions of the American Translators Association, working together with the Association of Translators and Interpreters of Florida (ATIF) and Florida International University (FIU), put together a conference we can unequivocally call professional, full of content, at an excellent venue, and attended by true professional interpreters and translators who could freely exchange opinions, attend workshops and presentations, and enjoy an environment free of predatory agencies, product pushers, and colleagues chasing after newcomers to convince them to work for insultingly low fees. Unlike the better-known ATA conference, this event truly felt like a professional conference, not a trade show. In fact, I invite all those Spanish language interpreters and translators who are ATA members, and think that the Fall conference is way too expensive, to attend this conference instead. In my opinion, if you have to decide between the ATA conference and the Spanish Division conference, it is a no-brainer: pick the smaller, more professional Spanish Division event.
Once again, the interpreting profession continues to advance in Mexico, as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, The Autonomous University of Hidalgo’s University Book Fair and content-packed conference in Pachuca; and the every-year bigger and more successful court interpreter workshop and conference for Mexican Sign Language (LSM) that took place in Mexico City once again. The International Association of Professional Translators and Interpreters (IAPTI) took its world congress to Valencia, Spain for its best attended conference in history. Workshops and presentations were first-class, and as it is traditional with IAPTI, colleagues attending the conference had the opportunity to interact with their peers from around the world. The largest U.S. contingent attending a IAPTI conference to date, enjoyed the benefits of interacting with colleagues who literally live all over the world. They noticed the difference between attending a conference in the United States with interpreters and translators from many countries, all of them living in the U.S., and IAPTI where all of them live in their respective countries. The benefit you gain from talking to a Polish interpreter who lives in Poland enriches your personal knowledge of the profession more than speaking with a Polish interpreter who lives in New York City. Besides the characteristic IAPTI’s philosophy and agency-free conference, I was happy to see a well-balanced program full of Interpreting workshops and presentations. Finally, like every five years, the Asociación Española de Traductores, Intérpretes y Correctores (Spanish Association of Translators, Interpreters and Editors, ASETRAD) held its conference in Zaragoza, Spain. This congress was by far the best all-Spanish language conference of the year, and just as I do every five years, I invite all my Spanish speaking colleagues to save the time and money to attend the next gathering five years from now. I was involved in other professional conferences and seminars of tremendous level where I was honored to share experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars. It was a pleasure to spend time with all of you in 2018.
This past year saw big changes in healthcare interpreting in the United States with a major struggle between the two leading certification programs. Fortunately, what looked like the beginning of a big conflict, ultimately subsided, and better-informed interpreters are now deciding what to do with their professional future. The year brought positive developments to the largest court interpreter association in the United States. After a major set back at the end of 2017 when two pillars of the court interpreting profession resigned from the Board of Directors, NAJIT went back to capable, experienced professionals, electing a new Board that fits tradition and expectations. Unlike 12 months ago, the association goes into 2019 with a group of experienced and respected Board members and a promising future.
The year that ends in a few days saw the growth of our profession in the field of Remote Simultaneous Interpreting (RSI). I had the opportunity to work several assignments remotely, and both, technology and work conditions were as they should be. I also heard from many colleagues who continue to struggle and endure abuse from some agencies who push video remote interpreting (VRI) in less than favorable conditions.
Not everything was good. 2018 took from us some of our dear friends and colleagues. I cannot reflect on the year that ends without remembering three dear and admired colleagues who passed away: Juan José Peña, a pioneer in the American Southwest, mostly in New Mexico. For years, Juan José was a trainer and examiner for the New Mexico State Court Interpreter Certification program; he was the first staff interpreter at the federal court in Albuquerque, and he selflessly helped new interpreters in New Mexico and elsewhere. Carlos Wesley, a powerful and gentle presence in the Washington D.C. metro area for many years, and an examiner for the federal court interpreter certification exam. Esther Navarro-Hall, a kind, selfless, talented colleague who impacted our profession and the lives of many interpreters worldwide as a professor at MIIS, regular trainer all over the globe, habitual presenter at professional conferences, Chair of the National Association of Judiciary Interpreters and Translators (NAJIT) in the United States, and humanitarian, promoting help and assistance to those impacted by natural disasters everywhere. Our lives and profession are better because of them.
Unfortunately 2018 will forever be remembered as a low point in the history of the profession in the United States. It was its darkest hour. I am referring to the inexcusable fiasco that impacted hundreds of interpreters, and continues to do so, because of the ineptitude of government officials, their selected contractors, and the cover up, misinformation, and lack of response that followed for many months: The 2017 oral federal court interpreter certification examination. We go into the new year with many unanswered questions, with no accountability, and with uncertainty for many who took the test, and patiently await to this day for an examination date more than a year after taking the exam. 2018 will be known as the year when ineptitude destroyed the credibility and reputation of the until then most trusted interpreter exam in any discipline in the United States.
The biggest shift in American foreign policy in decades and its impact on our profession continued in 2018. Events held in the United States for many straight years left for other countries because of the uncertainty of American immigration and trade policy. It proved very difficult to plan a big conference and invest a lot of money, without the certainty that attendees from certain countries will be admitted to the United States for the event. International government programs that require of interpreting services were at an unprecedented low, and changes of personnel in the administration, at all levels, impacted the work available to interpreters in the diplomatic, international trade and private sectors.
If not for the federal court interpreter certification exam disaster, the biggest stain of 2018 would be the conspiracy by most multinational and domestic interpreting agencies to do whatever necessary to overturn a California Supreme Court decision that protects independent interpreters by giving them certain rights that greedy agencies oppose, as compliance with the court decision would diminish their ever-growing margins. These agencies are actively pursuing the overturn of the decision by lobbying for legislation against interpreters. Apparently these efforts are led by a lobbyist who, ignoring any conflict of interest, and with the blessing of the largest interpreter and translator association in the United States (either by action, omission, or both) is trying to get Congress to exclude interpreters from the groups protected by the California Supreme Court decision.
Said conspiracy took us trough a research path that showed us how some of the Board members of this “translators and interpreters” association actively support agencies’ efforts, including a Board member who stated he would not even excuse himself from a vote in cases of conflict of interest. Statement that we will surely revisit come election time.
Throughout the world, colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. More European countries are now facing outsourcing of interpreting services for the first time.
Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards creating questionable certification programs, and offering pseudo-conferences and webinars to recruit interpreters for exploitation while hiding behind some big-name presenters, many of whom have agreed to participate in these events without knowledge of these ulterior motives.
Of course, no year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2018 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services.
As you can see, dear friends and colleagues, much changed and much stayed the same. I choose to focus on the good things while I guard against the bad ones. I now invite you to share with the rest of us your learned lessons (good and bad) of 2018.
I wish a Happy and Productive New Year to all my friends and colleagues!
October 24, 2018 § 7 Comments
Several government decisions in the United States and elsewhere have impacted our profession recently, and they all have something in common: They have protected interpreters and translators from some one-sided practices enacted by multinational language providers, copied by smaller interpreting and translation agencies, and adopted by some government bureaucracies to appear as if they are meeting their legal obligations to society.
Some of the most notorious and talked about decisions include the National Labor Relations Board (NLRB) order to the U.S. government services contractor SOS International (SOSi) to reclassify its interpreters working in United States state courts as employees in March 2018, bestowing interpreters and translators who worked for this agency as independent contractors with all protections defined by the National Labor Relations Act, including benefits reserved to full-time workers. In April 2018 some Lionbridge contractors who provided their services as software testers at Microsoft, settled a case they had before the NLRB.
Despite the effects of the decision above, it was the landmark ruling on April 2018 by the California Supreme Court in the Dynamex case that shook the status quo like nothing before. California’s highest court ruled that the delivery service provider Dynamex misclassified its workers as independent contractors when they should be protected and treated as employees. Here, the Supreme Court of California adopted the “ABC test” to determine if a contractor is an independent worker instead of an employee. This decision’s repercussions extended to all individuals providing services as independent contractors, including interpreters and translators, when the company is in control of the performance of such service contractually or de facto; to those contractors who perform a service that falls within the usual services regularly provided by the company; and to those contractors who cannot be regularly selling their services to other clients, because they are constantly engaged by the company, leaving them no time to work somewhere else.
There are many interpreters and translators, myself included, who do not want to be employees anywhere; There are many interpreters and translators, myself included, whose professional practice will not be affected by these or other rulings similar to the ones mentioned above; however, many colleagues would benefit from such decisions. These are usually the colleagues who these entities take advantage of. We are talking about colleagues who, for many reasons, cannot ditch the exploiter and have to roll with the punches, accepting work under deplorable conditions such as rock-bottom fees, solo interpreting assignments, interpretations on a pay-per-minute basis, and other abuses practiced by these agencies never stopped by the authorities before.
As expected, many agencies who practice this business model got extremely nervous: This could be the beginning of the end to their lucrative unchallenged practices. They would not allow this to happen.
On August 8, 2018 the Association of Language Companies (ALC) met in Washington, D.C. to conspire about a way to keep independent interpreters and translators from gaining these legal protections and to maintain the up-until-now comfortable uneven field they enjoy. As a first step, they lobbied the United States Congress to change the law and make it impossible for these interpreters and translators to benefit from the administrative and judicial resolutions that protected them. The event was organized by ALC’s lobbyist: The Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). During the meeting, ALC delegates argued that “…the added cost of providing full benefits to every single contractor would likely put many (agencies) in danger of going out of business…” They manifested that “…the implications for the “industry” could be devastating…” There are two more ALC summits already scheduled for the first half of 2019. For more details on the Dynamex ruling and my interpretation of the ways it benefits all independent interpreters and translators, even those who do not deal with these multinational or abusive agencies, please read my blog entry of August 29, 2018.
We can see that a confrontation of ideas and how we view our profession contrasted by the way these entities perceive us as industry laborers may be inevitable. I do not blame the agencies for defending their golden eggs goose. I understand their decision to lobby Congress to protect their interests; unlike professional interpreters and translators, their loyalty is to their shareholders and partners, not to the quality of the service or the profession. We also need to defend our interests, and we will.
To do it, we all know that we face a David and Goliath battle against the ALC and others. They have the finances to fight us in court and Congress. There are no surprises here and we must plan accordingly.
Unfortunately, on top of the known obstacles we need to overcome, potentially, there is an added problem, something that most colleagues are unaware of, something that looks wrong: Some of the professional associations of interpreters and translators, including the largest, use and pay for the services of the same lobbyist ALC is using to undermine the interests of many of their own members: our colleagues.
The American Translators Association (ATA) is represented, in its lobbying efforts, by the Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). Let me explain: ATA membership fees are used to pay for the services of JNCL-NCLIS simultaneously this lobbyist is advancing ALC’s cause to kill those government decisions that favor many independent interpreters and translators. ATA is not the only professional association with a lobbyist in Washington, D.C., but it is the largest one, and it is the one with Board members up for election this week at the general meeting in New Orleans. This post is not motivated by any ill feelings towards ATA or any other professional association, but by my desire to have more transparent governance and accountability in our associations to protect our profession from those who try to dehumanize it and turn it into a laborer’s service.
I will now disclose some facts about JNCL-NCLIS so you understand exactly who we are dealing with: Unlike most lobbyists, they are a non-for-profit organization that started servicing foreign language teachers. There was a time, however, when ATA’s leadership decided, without a real explanation to the membership, there was synergy between these teachers and ATA members who are not teachers, but interpreters and translators. ATA pays a yearly fee to JNCL-NCLIS for its services as a lobbyist. This differs from the usual per-hour fees that most lobbyists charge to their clients. The amount of this annual payment is based on the size of ATA’s membership, because it is paid with our membership fees. The person from JNCL-NCLIS who deals with ATA is Bill Rivers, who also deals with ALC, and continuously works for the advancement of the interests of the agencies. Interests often in conflict with the interests of ATA’s individual membership (us), even though they benefit its corporate members (they). Bill Rivers deals with ATA’s presidency, not with the Board. The Chair of this lobbyist’s Education and Pedagogy Committee (an unpaid position) is a former ATA President. JNCL-NCLIS has assisted at least one agency owner ATA Board member, along with other agencies, on another matter affecting workers’ compensation for interpreters and translators somewhere in the northwest.
There is a huge conflict of interest, and ATA should retain a different lobbyist, even if the fee is higher. No other association in the world spends the money ATA spends on its annual conference, and an independent lobbyist would be more beneficial to the membership at large than such an extravagant, expensive conference. Corporate members would lose an ally, but professional associations exist to benefit the individual, not the corporations.
Even if JNCL-NCLIS lobbyists are professional honorable people, when lobbying for ALC, they could disclose to House members and Senators they are also ATA’s lobbyists; This will convey the message that interpreters and translators endorse the same positions and business model these multinational agencies do.
Some of ATA Board members are agency owners who vote on decisions that could adversely affect individual interpreters and translators. There is nothing on the bylaws banning this practice, but it is another conflict of interest.
The bylaws need to be amended, if not to bar small agency owners from the Board, to at least keep them from voting where they may have a conflict of interest, or there may be the appearance of one. Meanwhile, all Board members who own an agency, and there are at least three at the moment, and two will remain as part of the Board after this week’s elections, must recuse themselves from participating in any debate and casting any vote where there may be, or may appear to be a conflict of interest. This all judges and corporate board members do every day all over the world.
I invite you to demand that all professional associations with lobbyists on retainer only hire lobbyists that do not represent the interests of the agencies and corporations, and bar all agency owners from voting where there is, or may be a conflict of interest. Meanwhile, I invite you all to vote this week in New Orleans for ATA candidates who oppose the current lobbyist situation and support the recusal of all Board members who own an agency in case of a potential conflict of interest. I now ask you to share your thoughts on these crucial matters to any professional association.