August 20, 2019 § 5 Comments
My job takes me to many places all over the world, this means constant traveling by air, and sometimes by land. Transportation is very important and it is key to my performance as a professional interpreter. Recently, some of my travels have taken me to three continents where I have attended professional conferences where I saw many of my friends and favorite colleagues. As always, the conversation took us to a common topic: traveling. We shared how we got to these conferences, and then I realized that most interpreters I know live in a market at least two-flights away from conferences, business meetings, and international events. They all had to travel longer and spent more hours at airports waiting for connecting flights. I immediately thought of how difficult it must be for them to get to an assignment. This is something I rarely considered before; they took twice as long to get to that interpreting booth they were now sharing with me.
I have lived in big and small markets. The difference is huge. We always think of small markets as unattractive for a professional career as an interpreter because of lack of opportunities: no assignments, no venues, no events; sometimes we also discard them due to the shortage of interpreters in less frequently used languages. These are all valid reasons not to live in such markets when your expectations are to find work where you live, but these markets are less than ideal for those willing to travel.
Living in a small market means you have to catch a plane to an airport that is hub to the airline you will fly, switch planes, wait for hours at the airport until it is time for your connection, and then you finally arrive. Some interpreters would even have it more difficult as they have to take three planes, or drive to the first airport from a smaller town where they live. Sometimes this means an additional travel day than those who will get to the assignment from a big city. These colleagues will likely travel on the first airline available because their market does not give them any options, therefore, they will be less likely to achieve airline status.
The biggest disadvantage for these interpreters is their availability. They cannot take as many assignments because it takes too long to get to the venue; and even when they arrive, they will be more tired than their colleagues who took a direct flight and slept on the plane, avoided the stress associated with catching connecting flights, and will have a much better chance to find their luggage at their destination than those whose bags had to be transferred from plane to plane. This is also very important for interpreters who work business negotiations and often need to be somewhere far away on short notice.
For all the professional reasons above, and mainly, because of its airports and geographical location, I chose Chicago as my operations center. The city has two of the largest, busiest airports in the world, and especially O’Hare International Airport offers me options no other airport can offer me in the United States. Chicago is the only city in the United States, and one of only five in the world (London, Johannesburg, Doha, and Dubai) with direct flights to all continents except Antarctica (https://www.travelandleisure.com/travel-news/chicago-international-flights). It is hub to the two biggest airlines in the world: #1 American Airlines, and #2 United Airlines; it is hub to the biggest discount airline in North America: Southwest Airlines, and it is a focus city for Frontier Airlines and Spirit Airlines, and; O’Hare International Airport is considered America’s best-connected airport.
These are the top ten airports with the most connectivity:
- London Heathrow Airport
- Frankfurt Airport
- Amsterdam Airport Schiphol
- Chicago O’Hare International Airport
- Toronto Pearson International Airport
- Singapore Changi Airport
- Soekarno-Hatta International Airport, Jakarta
- Hartsfield-Jackson Atlanta International Airport
- Kuala Lumpur International Airport
- Charles de Gaulle Airport, Paris
As professional interpreters, we need to get to the place of the assignment stress-free, and as soon as possible. Traveling wears out your body, it tires your brain. We need to be at the site of the assignment rested and mentally sharp. Direct flights help us do that. Even with the growth of Remote Simultaneous Interpreting (RSI) big cities will continue to have a competitive advantage over smaller population centers. Shortage of interpreters in many languages other than Spanish and other Western European languages; and lack of facilities where (RSI) interpreters can go to a virtual booth and work side by side with a colleague and a technician, will limit the options of these interpreters in outline areas. I personally do RSI, but I will not do it at home, without a boothmate and on-site technical support, left to my own technical skills to troubleshoot a problem, and hoping for the best as far as internet speed, connectivity, background noises, etc.
The way to get to the next professional level must include living in a big city, and to succeed in the private sector, you need the competitive advantage of having an airport that puts you one flight away from practically everywhere in the world. I now invite you to please share your comments on this important issue.
August 6, 2019 § 3 Comments
Getting a college degree is no minor accomplishment, but in most countries, you need a certification, license, or patent to practice your profession. Interpreting is no different.
Unfortunately, a degree and a certification do not guarantee you anything. We live in a globalized society where only the best will reach success. Interpreters work with languages and human knowledge, both characterized by their constant, eternal change. Modernity brings changes in science and technology, and globalization makes all interpreters your competitors, regardless of their location. Continuing education is as essential to interpreters as the air they breathe.
Continuing education costs money, and interpreters need to spend time studying instead of earning a living. When faced with the need to continue our professional education to survive in a market economy, we have to be very careful as to how we spend that hard-earned money. At this point in their careers, interpreters have spent large amounts in their education: College and certifications were not cheap, and now it is time to decide how we will invest our financial resources, and our time, to further our professional development.
Continuing education is an interpreter’s need, but it is also a business. We will now look into some options out there, describe what we need, and provide a profile of fraudulent and poor-quality programs that exist.
The first question to ask ourselves is: What do we need when we seek continuing education? We need to keep a certification or license current; we need to pass an exam, we need to get certified, or we just need to learn and improve to succeed.
To achieve these goals, we need to seek education in five fields:
2. Our specialty area
We also need to stay up to date on current events and accumulate general knowledge.
There are several ways to get the education we need on these areas:
By entering a structured education program in a college or other higher learning institution to get a post-graduate degree; by attending summer courses for those who cannot be full-time students. There are also one- and two-week diploma/certificate programs, weekend workshops and presentations by professional associations, universities and colleges, agencies, the government, and well-known professional interpreters who teach.
There are also international, national, regional, and specialized conferences by professional associations.
Webinars by professional associations, universities, and professional interpreters are another source of education (ATA, IAPTI, eCPD, and others) and individual mentorship or internship programs with experienced interpreters as mentors.
Some colleges, professional associations, and experienced interpreters offer a virtual classroom experience, and this is where we see a higher risk to end up with a poor-quality workshop by an unknown interpreter turned instructors. Although some of these programs may offer continuing education credits, they are of little use in a professional life.
Because of the blog, many friends and colleagues contact me to let me know of workshops, seminars, and courses they regret taking. Most include at least one of these characteristics: The instructor is an unknown interpreter considered a “local hero” where he works and lives. These people have secured a local market as “instructors” because they have been around for a long time, or due to their impeccable social skills that have positioned them within a sphere of influence of judges, court administrators, school principals, and others. The classes are held at a person’s home or office, without a proper learning environment and with very few resources. Sometimes the instructor has her children at the venue, and occasionally, the workshop takes place at the same location where other activities are happening, such as a community theater, religious activities, or sporting events. At these courses enrollment is way less expensive than at legitimate programs.
Often a workshop could cost as little as an admission to the movies. Maybe these so-called “continuing education” programs are offered overseas in a resort, and they are handled as destination events or a family vacation instead of a professional event. I suggest you think long and hard before enrolling on a professional program run by a travel agency, or a workshop advertised in a brochure that describes tours, beach activities, and similar options side by side to a professional schedule. Finally, these workshops are often advertised in tacky signs, unprofessional poster boards, and online adds that are misspelled or improperly written.
Because we are in a very competitive market in a globalized economy that pushes us towards continuing education to survive and then excel, you must take care of your time and finances. Do your homework when going for a Master’s Degree or to attend a workshop to pass a certification test. Always select a program that covers the subjects you want to study, and use common sense when selecting a service provider. Trusted colleges, recognized professional associations, well-known experienced interpreters will offer programs that make sense, are useful, and unfortunately, are expensive. When a class it taught by an unknown, the instructor credentials are questionable, the course takes place in a factory cafeteria or the basement of a church, and the course is cheaper than others, look the other way and avoid the workshop, even if it offers continuing education credits.
Study every day on your own, and try to attend workshops, courses and seminars that will cover the five fields above: interpreting, your specialty area, ethics, technology, and business. Attending reputable professional conferences at least once a year may let you cross off your list two or more of them. Remember, look at the program and mistrust conferences that publish the program at the last minute.
Often a local conference may offer what you need. Sometimes you need not travel long distances to get your continuing education. I now ask you for your comments and experiences with good and not-so-good continuing education programs.
July 23, 2019 § 2 Comments
Several weeks ago, the president of Mexico held one of his daily press conferences in Mexico City; on this occasion, Jerry Rizzieri, General Director of Mizuho Securities spoke of a credit his bank and others granted to Mexican state-owned oil company PEMEX as an attempt to rescue it from the enormous debt it faces. The event was important for the Mexican government and its president who has vowed to make the oil industry a key component of the Mexican economy. Rizzieri briefly spoke in English, and his prepared speech was sight-translated as a consecutive rendition not by one of the magnificent interpreters that regularly work with the Mexican president, but by Mexico’s Foreign Affairs secretary Marcelo Ebrard. From the moment Jerry Rizzieri stood up and walked towards the podium, Secretary Ebrard followed as if this had been planned ahead of time. The speech was a simple thank you written speech similar to the ones by those who win an Oscar or Emmy, apparently Ebrard speaks English, so there were no incidents except for the awkwardness of having the Secretary of Foreign Affairs sight translating a speech, and his obvious hesitation and confusion about the microphones.
Much was said in Mexico about the unfortunate episode, there was speculation as to whether the left-wing Mexican president, famous for cutting down on public expenses and reducing the budget, had used the services of the Foreign Affairs Secretary instead of retaining professional diplomatic interpreters. Some criticized the incident, others celebrated the episode; even interpreters wrote about it, both: for and against what happened. Opinions are always legitimate, journalists, interpreters, and the people may opine about the issue; but after watching the video, it is clear there were inaccuracies: First, Secretary Ebrard did not do a simultaneous interpretation; he did not do a consecutive rendition either. It is clear from the video that Rizzieri read from a written speech on the podium, and Ebrard did the same. The short speech could have been interpreted simultaneously or consecutively, but apparently government officers decided against it. It is false that you could not do at least a partial simultaneous rendition unless you had interpreting equipment. A diplomatic interpreter could have simultaneously interpreted the speech into president López-Obrador’s ear using chuchotage. Journalists and public would have not understood the speech, but it was a possibility at least for the president. (see minute 0:43 of the video: https://www.youtube.com/watch?v=eLcxFj-sX_s)
The biggest problem was the lack of professional interpretation, not just for Rizzieri’s speech, but for the event. The president spoke Spanish, and from the video you could conclude that not a word was simultaneously interpreted from the booth, leaving Mr. Rizzieri and his entourage without understanding what was said during the event.
You cannot defend what happened just saying it was a great move that saved taxpayers money by not hiring interpreters for this event. You cannot excuse it by arguing this was an informal event that, due to its brevity, did not justify retaining interpreter services because Secretary Ebrard speaks English.
Far from it, this was an insult to the foreign bankers who traveled to Mexico City to bail out PEMEX. C-Suite executives of international corporations, such as these banks, are used to meeting foreign dignitaries, attend official ceremonies, and speak to their counterparts aided by interpreters. It is likely (at least we hope) that meetings and negotiations took place in the presence of interpreters who make communication possible between the parties. Not having interpreters for the negotiations, or having them, but dismissing them before the press conference was a sign of incompetence, and a show of disrespect to the foreign visitors and those watching the press conference without a professional interpreter. No, this was not cute, this put the office of the president of Mexico in a very uncomfortable situation. Unfortunately, it also confirmed rumors and stereotypes circulating outside Mexico. Professional diplomatic interpreters exist for a reason, they are qualified to bridge the communication gap between two or more parties, respecting the other party’s culture, and this way contributing to the harmonious relations among nations and individuals.
No, this was not a job for the secretary of International Affairs, and no, this cannot be addressed by having a pool of interpreters who volunteer their professional job to interpret for the richest level of the government they pay taxes to. These events require professional, experienced interpreters retained by the Mexican federal government, who are paid like the professionals they are. Anything short of that sets the profession back to the dark ages, in this case interpreting in Mexico. I now invite you to share your comments on this issue or similar experiences you have seen in other parts of the world.
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 25, 2019 § 4 Comments
It has been almost a month since we first learned that our colleague Shin Hye-Yong, who interpreted for the Democratic People’s Republic of Korea (North Korea) Supreme Leader Kim Jung Un at the Hanoi summit with United States President Donald Trump was apparently detained at a political prison camp charged with undermining the Leader’s authority. This has been called “a critical interpreting mistake” by some in North Korea.
It has been widely reported by reputable press publications in Asia, Europe, and the United States, that the interpreter was blamed for president Trump’s walking away from the negotiating table when apparently the North Korean leader was “ready to continue the negotiations” and uttered in Korean: “Wait! Wait!” Or something similar that his interpreter did not convey in English before the American delegation exited the room. According to the media, Kim Jung Un ordered her detained and sent to a labor camp where she is currently undergoing reeducation and reflecting on her loyalty to the supreme leader of North Korea. Of course, we all know that in the civilized world, an error, if one really was really committed, has consequences that can go from a reprimand to a demotion, or firing, but never to hard labor or incarceration.
It was also reported by South Korean newspaper Chosun IIbo and others that Kim Hyon Chol, North Korea’s special envoy to the United States for nuclear negotiations was executed immediately after the summit. Although this turned out to be false, and Kim Hyon Chol is alive, he has been demoted from his pre-summit position, apparently he spends several hours a day writing essays and reflecting on his loyalty to the supreme leader. Nothing has been reported or leaked about the situation of our colleague Shin Hye-yong or their family.
It is not clear if Kim Jung Un really said these words, and if he did, it was loud enough for the interpreter to hear them, or he spoke under his breath. It is also possible that the interpreter rendered the words in English so low that Trump did not hear them, that she interpreted after the Americans had left the room, or that Trump heard her and ignored her.
I learned of this atrocity against a fellow-interpreter, and against our profession really, while at a conference attended by many colleagues, some of them diplomatic interpreters who have worked with heads of state from many countries. I immediately thought our governments would speak up against these horrible allegations but I also understood governments need to act calmly and wait until there is more information, even when dealing with a black hole of information like North Korea. I also expected our professional associations, those who represent thousands of interpreters and translators throughout the world to raise their voice in support for Shin Hye-yong and in protest for what was done to her and to the profession at large.
I expected those who represent us to react immediately, condemning the allegations and declaring them, if true, unacceptable. The International Association of Professional Translators and Interpreters (IAPTI) proving once again it truly stands shoulder to shoulder with all interpreters and translators, issued a letter condemning the allegations right away. The International Association of Conference Interpreters (AIIC) mentioned the incident on social media, and several colleagues, individually, have shared their total rejection to what happened in North Korea. Most associations, including the bigger, wealthier organizations with the most members have timidly remained silent. Some of them have reacted like news agencies and have called to corroboration before issuing any statement, even when practically all major publications in the world already talked about this. Others, have argued it is better to remain quiet for now out of fear that a communication condemning these actions against Shin Hye-yong could make her situation worse.
I guess these groups think a protest from a translators and interpreters association will motivate a ruthless dictator to punish an individual more harshly than everything already published by the likes of The Guardian, New York Times, Washington Post, Asahi Shinbun, Chicago Tribune, etc.; like Kim Jung Un keeps an eye on our opinions.
These professional associations completely missed the point: a letter from a professional association will not sway a dictator more than public opinion or world-reputable newspapers; the letters are for us. The purpose of issuing a formal protest by any of them is to show their members, and the profession at large, that in times of crisis, darkness, fear and despair, they are with us, they feel our pain, they have our back. It is for us, thousands of interpreters and translators to feel the associations are protecting the profession, to the point of not accepting anything that hurts what we do, even if they are just allegations. Kim Jung Un will never read these letters nor learn of their contents, but Shin Hye-yong, and her family, might. Perhaps she will hear about the letter from IAPTI in that horrible place where she is being held. Knowing her fellow interpreters throughout the world are aware of what happened to her, they are saddened and they are showing their disapproval will make her feel less alone, hopeless, and isolated where she is.
This was a hot topic for discussion and rage among all of us at the conference; opinions against the North Korean regime’s decision to incarcerate the interpreter, and concern for the recent and constant attacks on the diplomatic interpreting profession were voiced everywhere. There was a comment that stayed with me. I asked a top-level interpreter who works with presidents and other world leaders if she thought interpreter and translator professional associations should speak up and condemn the actions of the North Korean government against the interpreter, even if they had not been confirmed. Her answer was: “What would you want your peers to do if you were in her shoes?” I answered without hesitation: “I would want my colleagues and my professional associations to raise their voice in support of the profession and to defend me”. She told me she would want the same if this happened to her. Next, I asked the same question to as many colleagues as I could, and all of them told me the same. Nobody told me they wanted for the interpreting world to wait for a corroborating source. There was not a single interpreter who bought the argument that speaking up would make things worse for her.
Dear colleagues, our profession, especially diplomatic interpreting, is under attack in many places, from the United States Congress politically motivated posturing demanding interpreter’s notes and threatening a subpoena, to the president of Mexico using his secretary of foreign affairs as interpreter instead of a professional, to the disaster in North Korea.
This is not the first incident involving a North Korean interpreters: It is not clear why Kim Jung Un replaced the experienced interpreter who accompanied him to the first Trump meeting in Singapore with our now ill-fated colleague Sin Hye-yong; we saw the fear in an interpreter’s eyes when in front of the TV cameras Kim Jung Un dropped something and the interpreter took a professional athlete’s dive to catch it before it hit the ground; and we all saw the embarrassing incident with the Vietnamese interpreter who dashed from the helicopter down the red carpet to get to the dictator before he uttered a word to the Vietnamese officials welcoming him to Hanoi.
Professional associations do not need to wait for corroborating sources to protest such serious allegations. They can protest the allegation and condemn it if “it turns out to be true”. Professional associations need to speak up; it is not their job to keep dictators happy, their job is to protect their members and the profession. Last century, world leaders sat on their hands as Hitler invaded Poland, they did not want to upset him, and we all know what happened. Professional Associations are always bragging about “everything they offer” to their members. It is time they offer them solidarity and support. I now invite you to share your opinion on this extremely important issue.
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.