December 30, 2019 § 5 Comments
Interpreting is a profession, but unfortunately, it is not always perceived as such. To be recognized we need to look and behave like better-known professions like physicians, attorneys and accountants. A big part of this effort concerns the way we get our clients. As an attorney, I worked with direct clients, therefore, when it was time for me to practice interpreting, and understanding interpreters are also professionals, I looked for my own clientele. Every time I have a chance, I tell my interpreter friends and colleagues to look for direct clients and move away from the agency-dependent model.
The first thing many colleagues ask me is how they can get direct clients and free themselves from having to deal with agencies, and give them part of what they earned. There is no silver bullet. There are several approaches and we must use the tactics that best suit our specific practice, personality, and needs. I will now share some actions that have brought me positive results and have allowed me to directly work with my clients without intermediaries who tell you what to do, force you to fill out tons of paperwork to get paid, impose nonsensical requirements to the way you deliver your services, and often pay late.
One of the first things we can do is to look at our lives, relatives, friends and acquaintances and see if someone can be a direct client or could be a bridge to get to our clientele. Sometimes a cousin or an in-law might work for a business where our services are needed. Many interpreters live and work in countries different from their birthplace or where they went to school. Look at your classmates and their immediate environment. Sometimes you discover that the kid you saw at the school cafeteria or the college library is now a bank president, owns a big business, married an entrepreneur, or is now an elected official in a position to hire interpreting services. If you have a president, governor, CEO, business owner, or professional on your list, go knock on their doors and renew that relationship. I have done this often and clients have come through former college friends now high-ranking politicians, businesspeople, and professionals in various countries.
Another useful practice is to keep up with business developments in your community, your field of specialization, and economic and political changes where you live. I once learned that one of the biggest companies in the world was moving to my hometown lured by tax incentives. I visited them as soon as they opened for business and offered my services, followed up several times, and when the opportunity came, I provided my services going the extra mile to please them and to develop trust. They do business all over the world and they have been my clients for years now.
I am a firm believer in conferences and I attend plenty of them every year. I go to interpreting and translation conferences all over the world, but unlike many who only attend them to get continuing education credits or to see their friends, I also promote my teaching and training services with fellow colleagues and organizations, and I look for capable newcomers in all languages and from all locations, not to recruit them for an agency and get them to work for peanuts, but to add them to my database I share with my preferred clients when they ask me for a certain language or specialized interpreting service I do not provide. Part of keeping your direct clients happy, and keeping them away from the agencies, is to point them in the right direction so they can directly retain their other interpreters. No agencies involved, and I do not charge a finder’s fee or take a commission from the interpreters’ pay. My benefit is not the few dollars I can make from sharing my interpreter databank with the client (If I needed that little money to make a living I would not be working as an interpreter) my benefit is the deepening of the bond with my client, that trust that makes you indispensable to them.
I also attend non-linguist conferences on subject matters and sectors I work as an interpreter. If you interpret medicine or biology, go to medical, pharmaceutical, biology and dentistry conferences, that is where you will find your direct clients. In my case, going to business, aviation, financial, legal, and sports conferences and trade shows allows me to meet potential direct clients and try my sales pitch.
Writing articles, blog posts, books and manuals helps you reach potential clients. It is also an ice breaker and a useful tool to back up your position or to explain why the clients need you.
A very successful and reliable way to get direct clients is letting potential clients watch you providing your services to another entity, even their competitors. At many times the counterparty at a negotiation table approaches me after the session and asks me if I would work with them; a person attending a conference talks to me about interpreting for a conference they are organizing somewhere else in the world. I cannot tell you how often attorneys from the law firm opposite to the law office I am providing my services for have asked me how I do long consecutive interpretation, tell me that all interpreters they worked with before constantly ask them to stop so they can interpret short segments, and then invite me to discuss a possible collaboration at a later time.
I keep my eyes and ears open all the time, and when the time is appropriate, the opportunity looks good, and the other person is receptive, I offer my services, it does not matter where: a bar, a sports stadium, an airplane, and many other situations.
I use these opportunities to explain what I do and the value of my services. I explain I am not cheap, and when I learn the person has used interpreters, or they tell me their company uses the services of an agency, I explain to them the benefits of retaining me directly, including the money they will save by elimination the middle guy.
Sometimes I work with agencies and I provide my services to international organizations and government agencies in several countries. There are good agencies, for the most part at the top end of the market, who care for quality and pay professional fees. Professional interpreters can work with some of these high-end agencies, international organizations, and government agencies for occasional services after signing a contract. In these situations, the agency that retains an interpreter to do a Nobel Prize winners conference, or the official entity that hires you for a service where you decide whether you accept the assignment or not, are your direct clients. This is a very different situation from an ongoing, several times a week (or month) assignments where the agency sets conditions, orders you not to talk to their client about your services or qualifications, and calls interpreters based on their availability, not individual skills and credentials. This is a direct client model and such practice is unacceptable.
Up to this point, we have covered several means to get direct clients; we will now deal with the most difficult part of working on your own, like a real professional: You need to keep the client.
Keeping a client is very difficult, mainly at the beginning of the professional relationship, but it is an ongoing challenge. You cannot assume a client will stay with you until eternity. Clients are vulnerable to market changes, economic developments, financial crisis, technological developments, legislative amendments, and C-suite changes that set different priorities and new policy. As interpreters we must navigate through these unchartered waters and stay afloat.
Because this is difficult, and time consuming, interpreters should need to evaluate every professional relationship, and assess each client’s value. When the return on your investment is poor or non-existent, drop that client. Keep the best of the best. Develop a strong relationship only with those clients who will benefit you in all (or at least most) of these areas: honesty, reliability, respect, easy access to the top, flexibility, cooperation, professionalism, pay, field of practice, loyalty.
These are your “A-list” clients. You may only have one, maybe there is nobody there yet. That is fine, but do not lower the bar. It means that at this time your best direct clients are “B-list” entities and individuals. Always keep, and fight to keep your “A-listers”, keep your “B-listers” until you have to make room for an “A-list” client, and dump the rest.
To retain “A-listers” you have to keep them happy all the time. This means you have to provide impeccable service and then you have to go the extra mile. Your job with the “A-lister” goes beyond the booth, the law office, or the negotiating table. It includes consulting, providing suggestions, volunteering evaluations, quick research, flexible hours, and priority services. From suggesting the type of interpreters needed, location of the booths, equipment to be used, cultural aspects to be observed or avoided, witness preparation, speaker orientation before a conference, review of printed materials and Power Point slides and translations, to evaluating sound quality of videos to be interpreted, most convenient hotels, restaurants and coffee shops near the venue in a foreign country, and escort interpreting for the principal, sometimes at no extra cost. To keep the “A-list” client you have to be willing and available to travel at the last minute when needed, and to take the four-in-the-morning phone call from the client.
Not all direct clients need (or deserve) that level of attention, but you have to give them something that your competitors, individuals and agencies, will not provide. You need to offer all services mentioned above, but you have to decide what level of intensity to offer as part of your service case-by-case. You now see why you cannot keep all direct clients, but just the best ones. It is time-consuming, you need to gain the client’s trust and loyalty. That is hard.
It is a lot of work, but it is well-paid, not just monetarily (although this is an essential element) but also in freedom, dignity and appreciation. All excellent, reliable interpreters can work exclusively with direct clients, it is a matter of time and effort. It will take some time, but if you are willing to try, start your transition to direct clients now. I now invite you to share with us your suggestions to get and keep direct clients, and please, do not write to defend agencies, they have their own blogs where they constantly praise the benefits of their business model in the interpreting industry.
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 29, 2019 § 6 Comments
Interpreters are constantly fighting to be recognized as a profession, to be respected by their clients, and to be treated and remunerated as providers of a specialized service that requires a strong academic background. Although most interpreters strive to be viewed as fellow professionals of physicians, engineers, attorneys and accountants, many colleagues, including freelance interpreters, behave more like a tradesperson than a professional.
Because of poor legislation, pervasive ignorance, and a myth that any bilingual can interpret, the idea that professional interpreting services can be provided by a commercial agency has been accepted, or at least tolerated, around the world. Professional services have been bought and sold like commodities by businesspeople foreign to interpreting, stingy government agencies, and unscrupulous interpreters willing to sell out their profession to make a quick buck.
A world where physicians provide their services through a commercial agency’s model is unimaginable. Attorneys’ Bars around the world would oppose, and destroy, any efforts to sell legal representation by agencies where a high school teenager, calling herself a project manager, were to assign lawyers to their clients on an availability basis, without considering quality or experience to decide on the attorney who gets the case. Interpreters see this happening every day and do nothing about it. Not even freelancers question this commercial model; they join these merchants and help to undermine their own profession.
I am not naïve. Multinational interpreting agencies are powerful, greedy organizations willing to fight for what they consider their “industry” to the end. They launch advertising campaigns, misinformation efforts to convince potential customers (they do not have clients) that hiring an interpreter is very difficult; that it can only be done through an agency. They spend time and money convincing freelance interpreters they are their allies; they procure them work, deal with the customer, and pay them a fare “rate” (they do not pay professional fees) after taking the portion of the paycheck they have morally earned. Interesting that agencies never disclose interpreters what they charge their customers, and force freelancers to remain silent when approached by one of the customers about their professional fees or availability.
We will not get rid of these agencies, but I know that interpreters will only be viewed as professionals when they act the part. I also know that some, few, are managed by good people.
There are many colleagues around the world who work as I do. We operate as a doctor’s office or a law office work. When contacted by a client about an assignment that will require the services of interpreters in five languages, I provide my client with the name and contact information of trusted colleagues with the experience and language combination needed for the assignment. If the potential project involves languages commonly used in my part of the world, or several interpreters in my own language combination, I even forward the inquiry to my trusted colleagues, my allies. My client takes it from there and individually negotiates the fee. I also suggest, and sometimes forward, the request to a trusted equipment/technical support provider. The client negotiates costs directly with them. It is like going to a building where many physicians have their offices, all independent, but all trusted colleagues; they suggest one of their colleagues depending on the field of specialization needed by the patient, but each doctor negotiates and sends a separate bill. These professional alliances, professional groups, are a network of professionals who know each other’s quality of work, ethical values, and language combinations. The client has to pay the professional interpreters individually, but he need not look for interpreters with the right experience, language pairs, or availability. That is all done by the interpreter who the client contacted first. That interpreter is the point of contact who suggests colleagues she will vouch for, and she is moved by no other interest but her client’s satisfaction. She will not subcontract the other interpreters, she will not charge them a commission or referral fee, she will only do what all physicians do when you go to their office and they suggest you see the dentist downstairs or the eye doctor next door.
There will be instances when you cannot help the client. There are languages you never work with. Sometimes doctors cannot recommend a colleague because they have no proctologist in the building. That does not mean that the professional network they offer to their patients has no value.
My good clients love this option. They understand it is difficult to get quality in all booths. They trust me and know that I would not jeopardize my reputation by referring them to a mediocre interpreter. They know I suggest nobody services because they are cheap. They also trust my judgement and experience a lot more than they trust a young monolingual person with no practical or theoretical knowledge of the profession, who calls himself “project manager” and has met none of the interpreters he will line up for a job. Clients know that project managers abide by company rules and guidelines which include: profit at all costs. They know their professional pool is limited because they can only provide interpreters willing to work with the agency in exchange for lower fees, inadequate working conditions, and disrespectful treatment. This professional network model operates as a virtual office where my trusted colleagues are all over the world. It has no time or space limitations.
Interpreters who want to grow and expand to a larger scale should do it, but they should do it as law firms do. Incorporate as a professional corporation or a limited liability corporation, not a commercial enterprise like agencies do. These solutions will let you work as formal partners or shareholders and protect from liability without giving up your professional identity. We need not look or operate like an agency. They are not us.
They want to commoditize our profession and turn it into an industry. They are outsiders with a different set and scale of values. We are professionals. We should act as such. I know many of you are already doing what I described. I also know many colleagues will dismiss these ideas and even defend the agency commercial model. I am aware professional associations are guided by board members who own agencies, and as we have seen, even board members refuse to recuse themselves from voting in association matters when there is a conflict of interest between interpreters and agencies. Finally, I know some interpreters are not ready to freelance, they fear they cannot get clients outside the agency world, or they are content with little money. There, stay with the agencies, that is what you like and deserve. I now invite you to share your thoughts on this critical issue for our recognition as professional service providers.
August 29, 2018 § 6 Comments
The Association of Language Companies (ALC) effusively announced that on August 8 of this year “leaders from the language service industry gathered on Capitol Hill to sound the alarm over new <disruptive> employee classification regulations that threaten to upend the $45 billion-per-year industry’s business model”.
Over fifty individuals attended their “policy summit” to “strategize an industry-wide response to the recent California Supreme Court ruling which narrowed the definition of who can be classified as an independent contractor”.
As part of a public relations campaign, many of these agencies’ representatives have been telling interpreters that the California Supreme Court decision is terrible and, unless it is neutralized, it will effectively destroy the interpreting “industry” leaving thousands of interpreters with no work. Without even hearing the details of the decision, and knowing how it will affect them as freelancers, not as agencies, some of our good colleagues celebrated the agencies’ lobbying efforts, and even praised them for “saving our source of income”.
I agree that the Dynamex decision by the California Supreme Court will affect freelance interpreting, but I disagree it will hurt independent interpreters and it will be the end of our profession as we know it. This court decision is a rare occasion when judicial decisions favor independent professionals over the special interest groups financed by the big multinational agencies, and if independent interpreters play their cards wisely, it will bring huge benefits to them. Let me explain:
We should start by understanding what the California Supreme Court decided on April 30, 2018 in Dynamex (Dynamex Operations West, Inc. Petitioner S222732 v. The Superior Court of Los Angeles County, Loa Angeles County, Respondent; Super Ct. No. BC332016, CHARLES LEE et al., Real Parties in Interest).
In an 82-page decision, the Court rejected the Borello test to determine whether workers should be classified as either employees or independent contractors for the wage orders adopted by the California Industrial Welfare Commission, for a worker-friendly standard that may change the independent contractor market. The California Supreme Court embraced a standard presuming that all workers are employees instead of contractors, placing the burden of proof on the agency or other entity classifying an individual (in our case the interpreter) as an independent contractor. For those of you who practice court interpreting: This is similar to the prosecution burden of proof in a criminal case. Although not subject to a “beyond a reasonable doubt” standard, companies, agencies, and other entities must overcome the legal presumption of employment (just like the presumption of not guilty in Criminal Law).
But, where does this decision originate?
Dynamex is a nationwide same-day courier and delivery service offering on-demand same-day pickup and delivery. Before 2004 Dynamex classified all of its California drivers as employees, but staring in 2004 they converted all of their drivers to independent contractors to save money on employee benefits and expenses related to income tax retention. A year later, a driver named Charles Lee entered into an independent contractor written contract with Dynamex. After leaving his work at Dynamex, Mr. Lee filed a class-action lawsuit on his own behalf and that of other drivers in a similar situation against Dynamex. During their time working for Dynamex, these workers had to work during the hours and according to the schedule unilaterally set by Dynamex; they received direct and strict direction from Dynamex in a subordinate relationship instead of an equal-to-equal relationship as expected by independent contractors, and the drivers could not work for someone else because they were always working for Dynamex under the described conditions. They alleged that Dynamex had misclassified them as independent contractors in violation of State law, including various sections of the Labor Code and the Business and Professions Code Section 17200 (engaging in unfair and unlawful business practices).
The case went through a long litigation in California until it finally reached the Supreme Court where the Court framed its decision by broadly characterizing the misclassification of independent contractors as harmful and unfair to workers, honest competitors, and the public. The Court did a long and detailed analysis of precedent, analyzing Borello, Martínez and Ayala v. Antelope Valley Newspapers, Inc. (59 Cal. 4th 522, 527. 2014)
The California Supreme Court rejected Dynamex’s arguments for applying said previous cases. Instead, the Court adopted the ABC Test to determine if an individual is an employee or an independent contractor. Under the test, a worker will be deemed to have been “suffered or permitted to work”, and thus an employee, unless the employer proves:
- A. That the worker is free from the control and direction of the hiring entity in the performance of the work, both under the contract for performing the work, and in fact.
- B. That the worker performs work that is outside the usual course of the hiring entity’s business; and
- C. That the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
Each requirement needs to be met for the presumption that the worker is an employee to be rebutted, and for a court to recognize that a worker has been properly classified as an independent contractor. If a worker is classified as an employee, the employer must pay Social Security and payroll taxes, unemployment insurance taxes, state employment taxes, worker’s compensation insurance coverage, and all Labor Law rules and conditions regarding wages, vacation, sick leave, overtime, maternity leave, etc.
Bringing the Court decision to the interpreting field, we find that most agency-freelance interpreter relationships will fail the ABC test.
Agencies would fail “A” because they micromanage interpreting assignments. From checking in and out when arriving or leaving the site of interpretation, to endless paperwork required for payment and other “rules”; not forgetting ridiculous dress codes, and other one-sided rules such as not talking with the client about interpretation.
They would also fail “B” because it would be extremely difficult to argue that the fact that an interpreting services agency is hiring an interpreter as an independent contractor, constitutes a service outside the course of the agency’s business; and
They would fail “C” because they hire the interpreter according to such schedules they cannot render the services anywhere else, they make them sign non-compete contracts, force them to hide their personal business from the client so the agency does not lose the client. In other words: an outsider could not see the difference between a staff interpreter working side-by-side with an independent contractor.
Now you know, the “industry leaders” are spending their money in lobbyists so they continue to pay rock bottom fees to most interpreters with no risk. They keep the money and the interpreter gets close to nothing, without having a say.
I don’t want you to think that all agencies are bad either; I happily work with some who respect me as a professional. I am not saying that freelancing is bad. I do not want to be considered an employee of any agency or other entity.
I do not support what the multinational agencies are doing for three reasons: First, because I want to be the one who decides if I want to be an independent contractor or not. I do not want to leave the decision in the hands of greedy one-sided “industry leaders”. Second, I think that been treated as employees would be great for many colleagues who could not succeed in the freelance market. They would get a decent wage, and many other social protections that otherwise they would lack if they continue to freelance for those agencies who bring in the money for the shareholders (nothing wrong with that) and pay very little to the interpreter, so little it is not enough to afford a decent health insurance coverage and a retirement plan (this is wrong). My third and very powerful reason not to support this lobby effort is very important:
Now that there is a court decision that favors independent contractors in California, interpreters should seize the moment, take advantage of this leverage, and negotiate a system that benefits all professional interpreters: those who want to be staff and those of us who will continue to freelance. A system that keeps agencies in business, but eradicates the one-sided system most interpreters (out of necessity or because of lack of negotiating skills) endure today. I propose this:
Raise our voice so the non-interpreters in the field (aka: the “industry leaders”) do not get away with passing one-sided legislation as they are trying right now. We have to act with energy and decision because they are pursuing an option as nefarious and unfair as the “Major League Baseball” exception Congress granted once and landed thousands of professional ballplayers in servitude where they could be bought, traded and sold having no input.
These “industry leaders” argue that Dynamex should not be applied to them, because they are not part of the “gig” economy. They told Congress they “exclusively” work with “…highly-trained and educated professionals whose success is dependent upon the highest quality of work…” adding that “…to be a professional linguist takes years of education and training…” They mentioned the State Department interpreters as an example. I wonder why they did this instead of mentioning the many interpreters they hire without a college degree but with a high school diploma, or how they justify laborer pay for such illustrious “linguists”.
We do not have the funds to lobby against this multi-headed hydra, and we cannot go to our largest professional association because it will not go against the interests of its corporate members, and they may even share the same lobbyists as the “industry leaders”. What we have is the right to testify in congress, appeal to the ACLU for help if needed and pertinent, and most important: We have our professional services and skill as leverage.
I wonder why we need to change the law and attack the Supreme Court decision. If agencies really want to work with the best, professional, trained, and experienced, they should have no problem complying with the ABC criteria. The problem is, dear colleagues, that they do not want the brightest professionals, they are too expensive. They want the high school diploma new paraprofessional interpreter who will work for a pay similar to Wal-Mart’s, and to avoid mistakes, she must do it under micromanagement conditions. They do not want the best because they would risk to lose the client. They want somebody so afraid of losing this laborer’s salary job, that he will never dare to tell the client he interprets independently from the agency, even when the client already knows it and sees this situation as ridiculous.
Interpreters, however, could join the “industry leaders” as a common front to pass legislation fair to all parties. Instead of eliminating the criteria in Dynamex, a fair legislation should allow for interpreters to opt out of the employee reclassification and remain as freelancers if they do it freely, with no coercion by the agency or other entity retaining their services, and both, the written contract and de facto performance demonstrate this was not a sham by the agency, but a real independent contractor. Interpreters could then negotiate with the retaining agency a professional fee that truly depicts their freelancer status and not an employee working under serfdom conditions.
At this time in California, and unless the law changes, interpreters should demand compliance with the ABC rule. As of today, with the Supreme Court decision as the supreme law in California, compliance protecting interpreters and our profession is possible:
“A” can be overcome by negotiating a written contract that clearly leaves the interpreter free of the agency’s control. It clearly states that interpreters will deliver the service they are retained for, but all conditions to implement the service and fulfill the obligation are left to the interpreter. No more stupid paperwork that requires hours of unpaid time; no more micromanagement in the contract and in the real world.
“B” will be more difficult to overcome, especially for the smaller agencies because the multinationals have so many other businesses through subsidiaries it will be costly, but possible to solve this requirement. Remember that it is the agency’s burden, so you need not worry about this one.
“C” is your real leverage. The agency cannot overcome this requirement without the interpreter’s cooperation. You will have to show that you have a website, or an office where you offer your services to other prospective clients; you will show you are a real independent contractor by showing the authorities how you are not contractually bound to secrecy when a client asks you for your services during an assignment with the agency. More important: without your cooperation, the agency can never prove this requirement.
We must educate ourselves so we do not jump up and down as cheerleaders to support this public relations propaganda campaign. Seize the moment and change the landscape. Make these “industry leaders” live up to what they preach and, using their own words, demand they only hire the highest quality of professionals with years of education and training. We can support them in their lobbying efforts, but only when all professional freelance interpreters are paid professional fees. Do not listen to those colleagues who live in fear, worship these agencies, and think they are doing them a favor by hiring them to work. There cannot be an interpreting agency without interpreters. There can be interpreting services without agencies. I now ask you to share your thoughts with the rest of us, and please be advised that comments defending agencies will not be posted. They have plenty of media outlets to proselytize. Here we want to hear the voice of the interpreters.
August 15, 2018 § 9 Comments
Have you noticed mediocre agencies always say: “unfortunately, your fee is way over the budget this client has for the event”? This seems to be the answer I get most of the time, even from the big multinational interpreting services agencies, and it is the main reason I reject an assignment offered.
It makes me wonder how those huge multinational agencies, worshipped by their colleagues in the “industry”, who claim to be service providers to the biggest corporations and organizations in the world, can be as big and profitable as their financial statements show, (and believe me, thanks to public litigation records from lawsuits involving some, market share values, and their own bragging about their success, we know they are turning profits never seen before) when according to their conversations with interpreters, our fees are almost always above their clients’ budgets for their main, once-a-year conference, launching of a new product presentations, multi-million dollar fundraisers, or award ceremonies. I find it difficult to believe these agencies would only work with “starving” clients.
The main issue is how these agencies’ clients decide on a budget for their events. I would think that corporations have little knowledge about interpreting services, and for that reason they go to language service agencies to find out about interpreting costs, just as they go to the caterer for information on the cost of food, or to the hotel to see how much it costs to rent a ballroom for the weekend. The agency informs the client or event organizer how much interpreters will charge, and what else they need to factor in (equipment, booths, technical support) before determining the amount needed for interpreting services. The agency tells the client what interpreters will cost. Then, armed with all necessary information, the corporation of association sets a budget. It is not the other way around.
The problem is that agencies want to pay interpreters very little so they can have great margins, and they tell their clients they can get interpreters for very low fees; even when the agency knows they will never get the best human talent for such a tiny paycheck. They have offered lower quality interpreters willing to work for below market non-professional fees.
If an ignorant client contacts the agency and tells them they want an interpreter for no more than a certain amount, and the amount is below prevailing professional interpreter fees, that is the time for an agency to educate the client and tell them: “…sorry, but a team of interpreters would cost you such and such professional fee per interpreter per day…” and then explain that interpreters charge by the day, that every time they are retained to work four hours or less, they must be paid for half a day, unless the four-hour (or less) assignment encompasses both morning and afternoon hours, because in that case interpreters need to be paid for a full day since they cannot generate any other income on that day. During this conversation, an agency interested in quality interpretation would add: “…by the way, half days are handled this way…”
Then, if the event requires interpreters from out of town, the agency must make it very clear to the client these interpreters will charge at least half of the full-day fee for each travel day. Finally, the agency should clarify that, separate from their fees, these out-of-town professional interpreters will need for the client to cover their travel costs: travel, lodging, in-town transportation, and Per Diem.
At the beginning, these agencies may have to sacrifice part of their margin, but in the long run they will turn more profitable than those who turn their backs on the interpreting profession and embrace the low-quality ranks of the so-called “industry”, because their clients will notice the difference in the quality of the service and will go back to the same agency time and again. These are the agencies interpreters look for. These are the real interpreting services agencies. I would like to hear your ideas on this issue, and please share any relevant experiences you had.
January 15, 2018 § 4 Comments
Most professional, dedicated, court interpreters in Europe and the United States are constantly fighting against the establishment: government authorities who want to dodge the responsibility of administering justice to all, regardless of the language they speak, by procuring a warm body next to the litigant in the courtroom regardless of the skill and knowledge of the individual; ignorant and egotistical judges who believe they know everything about language access and interpreting, and make absurd decisions, when they know less about our profession than anyone else in the room; bilingual lawyers who cannot tell the difference between being a professional interpreter and speaking a second language with limited proficiency; monolingual attorneys who believe interpreting is easy and interpreters are only an intransigent bunch demanding nonsensical work conditions (like team interpreting) and get paid for what they do more than they deserve; and of course, greedy unscrupulous agencies who spend most of their time trying to figure out two things: How to pay interpreters less, and how to sell a mediocre paraprofessional low fee foreign-language speaker to their clients.
There are exceptions everywhere and in some latitudes court interpreting can be performed at a high quality level (even though, in my opinion, most court interpreters are still getting paid very little compared to the other actors in a court proceeding such as attorneys, expert witnesses, and judges), but there are no places, that I know of, at least in the United States, where you can find the support, understanding, and respect I found in Mexico during their transition from written court proceedings to oral trials where interpreters play a more relevant role they ever did under the old system.
During the last two years I have attended many conferences, meetings, one-on-one interviews, where I have talked to the parties invested in the system about the work court interpreters do, the need for some quality control process such as an accreditation or certification of the professional court interpreter, the non-negotiable principle that interpreters must make a professional fee that will let them have the lifestyle they may choose and will retain them as practitioners of the interpreting profession, and the work conditions for the professional court interpreter to provide the expected service. I have had many memorable experiences, and I will share with you those that I consider essential turning points in the design of the court interpreting profession in Mexico.
For the past two years I have attended the “Taller de profesionalización de los servicios de interpretación de Lengua de Señas Mexicana en el ámbito jurídico” (Professionalization of Mexican Sign Language legal interpreting services workshop), the brain child of Mexico’s federal judge Honorable María del Carmen Carreón, who has done more for the court interpreting profession than any person I know who is not an interpreter. Judge Carreón and her team organized these workshops that bring together Mexican Sign Language interpreters from all over the Mexican Republic, the most influential Sign Language Interpreter professional associations in the country, legal and language scholars, attorneys from all fields, and judges from all levels and jurisdictions: from Federal Supreme Court Justices and State Supreme Court Justices, to federal and state criminal, civil, family, administrative, and electoral judges.
These participants meet for three days at different locations: courthouses and universities, to learn from each other, and exchange ideas on how to make it easier for court interpreters so they can fulfill their role in the administration of justice to all individuals, regardless of the language they speak. The new court interpreting manual I recently published results from this extraordinary professional relationship that has developed among my co-authors: Judge Carreón and Daniel Maya, president of the largest professional association of Sign Language interpreters in Mexico, and me (Manual del Intérprete Judicial en México, Carreón, Rosado, Maya. Editorial Tirant Lo Blanch).
During these trips, I have witnessed the willingness of all parties to learn the new system together, I heard often about the commitment to a good professional fee for those interpreters who get a court interpreter patent as a “perito” (equivalent to a certification or accreditation in other countries), and I saw a system with a new culture of cooperation where interpreters getting materials and full access to a case will be the rule and not the exception. I saw how all actors understand the need for team interpreting without even questioning the reasons behind this universally accepted policy. I heard judges telling interpreters to come to them with their suggestions and requests, and lawyers who want to learn how to work with the interpreter. Our manual has been presented before many institutions, including courthouses and attorneys’ forums to standing room only.
It was at one workshop, and through Judge Carreón, that I met Mexico City Civil Court Judge Eliseo Juan Hernández Villaverde and Mexico City Family Court Judge Teófilo Abdo Kuri. Both judges graciously invited me to their courtrooms so I could observe how the oral proceedings are being carried under the new legislation, and to have a dialogue on court interpreters’ best practices so our Mexican colleagues can provide their service under close to ideal conditions.
At their respective courtrooms I met their staff and I saw how everyone was treated with dignity and respect. After fruitful talks with both judges, I observed the proceedings, and afterwards met with the judges to physically suggest changes to the courtroom to make it more “interpreter-friendly” to both: sign and spoken language interpreters. To my surprise, these suggestions were welcomed immediately, and Judge Hernández Villaverde rearranged the courtroom right on the spot, in my presence, to make sure that everything was as suggested. Finally, it was agreed that court interpreters and those studying interpreting will have regular visits to their courtrooms where they will observe proceedings and after the hearing can ask questions to the judges.
A major factor in the success that Mexico is enjoying, is due to the absence of irresponsible interpreting agencies that hire a high school level “coordinator” to recruit paraprofessionals and convince them to work for a fee (they call rate) that will seem good to them (compared to their minimum wage job prior to becoming an “interpreter”) but would be insulting and disrespectful to any professional interpreter charging the professional fees that their service commands.
There are some in Mexico, judges, attorneys, and interpreters, who are not fully on board, but they are not stopping the new culture. They are not killing the excitement and willingness of all parties to grow professionally in the new legal system the country has adopted. There are many things to do, but an environment fosters the achievement of those goals.
I hope that me sharing the situation of the court interpreting profession in Mexico can inspire many of us in other countries and legal systems, and teach us to keep fighting for what is right without ever giving up in our dealings with the judiciary, and to never give in to the insulting conditions offered by those who want to see us as an “industry” instead of a profession. I now invite you to share with the rest of us your goals and achievements within your courthouses or hospitals (for healthcare interpreters).
May 22, 2017 § 12 Comments
A few weeks ago I read a comment by a colleague who had just finished a very important high-profile interpreting assignment. He stated that when the event ended the main speaker thanked the interpreters for their job in the booth. Rightly so, my colleague was very happy and appreciative of the kind gesture.
His comment brought back many personal experiences of instances when speakers and organizers recognized the interpreter team by either praising a job well done, or by thanking us for our dedication and professionalism. At this moment it hit me: With some exceptions, the most important, famous, admired speakers are always kind and appreciative. It is common to be recognized at the end of a hard session. Many commend us for our rendition, others ask for a round of applause for the interpreters. I have been to some events where we have been asked to come out of the booth to be seen and recognized by the audience. It is all about respect, but it is also about education and awareness of the importance of a good interpretation.
These movers and shakers know that without proper interpretation their words would lose their thunder in a foreign language. They know that communication is essential, and our work is key to reach everyone in every culture and language.
For this reason high-profile conference interpreters are always welcome at the auditorium, conference room, and international organization where their services will be needed. From the moment we arrive we are treated with deference and respect, not because of who we are, but because of what we do. Everybody is on board, they all know that we provide a relevant professional service.
Speakers and organizers know and understand the complexity of what we do, so it is just natural we get a breakroom to relax every now and then, that they expect us to work in teams of two and three; that we get paid for travel days, and that we get a compensation appropriate to the service we provide.
As I was thinking of these circumstances, my mind drifted to the way healthcare and court interpreters are treated most of the time. Despite being an essential component to the healthcare system, or a key element to an administration of justice equal for all, doctors, nurses, judges, attorneys and support staff often view interpreters as an inconvenience instead of an asset. They are perceived by many in these areas as outsiders instead of as part of the team. Many resent them and believe that we are overpaid, after all, all we do is talk.
Although some may be motivated by who knows what reason, I think that most of their attitude and policies come from ignorance. Unlike so many people we deal with in conference interpreting, many are not well traveled and lack a sense of international community. A medical diploma or law degree guarantee no worldly view of affairs. To put it simply, they just cannot understand why people do not speak their language, and they attribute their lack of native language skills to being intellectually inferior. They believe that everybody should learn their language and consider translation and interpreting services as a waste of resources and losing the national identity. It is for these reasons, and not necessarily because they dislike the interpreter, after all interpreters speak their language, that they consider our presence annoying and our service a threat to the status quo.
I do not like this, but I can understand why these individuals do not want to treat us with the dignity and respect we are treated at the conference level. The lack of respect and demeaning practices towards interpreters I cannot justify or understand, are those perpetrated by the people in the multinational language agencies who hire unqualified people, pay disgustingly low professional fees, and treat interpreters as laborers instead of professionals.
It is the way interpreters are treated by these entities that greatly contrasts with the dignified treatment we experience in a conference they were not involved. It is these transnational entities, who are on a crusade to destroy our profession and turn it into an “industry” that wants to get us to work the booth, courtroom and hospital like an assembly line.
They know of the complexity and professional nature of our work, they understand how exhausting our craft is, they know of the fact that we sell our time. Yet, they want to pay the lowest fees, who want to take up to three months before they pay us, the ones who do not want to a second interpreter, refuse to pay for travel days, and rarely share the assignment relevant materials. These are the people who demand you call when you get to the assignment and let them know when you leave.
These are the “experts” who distrust us so much they double-check with their client to make sure we really worked for as long as we told them, and treat us like little children by telling us what to wear, where to sit, what to eat, and who to talk to. They know you, they have worked with you in the past, and at the least they researched you before they contacted you for a job. It is not about you, it is about their perception of the profession. To them, in their mythical theory of the “interpreting industry” we are laborers on an assembly line. This serves them better. Once they dehumanize us by turning us into their “industry’s” pawns, they can disrespect us, insult us, and abuse us as interpreters. This or course, only if we let them.
I now ask you to share with the rest of us your thoughts about this important issue.
September 20, 2016 § 17 Comments
We have been under constant and merciless attacks from the big multinational language “industry” corporations for several years. These uninvited guests at the professional language services table have stubbornly fought to take away the market from the professionals who should service the clients through systematically minimizing the role of the interpreter and translator, and dehumanizing the profession by launching a campaign to convince the weak and uninformed that what we do is an “industry”, not a profession.
In the past we have discussed the oddity of having pharmaceutical companies in the same professional associations with the physicians, and we have talked of the way attorneys defend their craft so it continues to be known as the legal profession, not the legal “industry”. Sadly, as you know, there are individual interpreters, translators, and even professional associations in our field that have decided to tear down that barrier erected by all professions to protect both: the end client of the professional service and the professional service provider, and have happily commingled professional interests and concerns with those of corporate entities whose sole objective is to cut costs, provide a borderline service, as long as it is legal and acceptable, and profit as much as possible. This translates into often deplorable working conditions for interpreters and translators and substandard, often insulting professional fees.
There is nothing wrong with commercial entities following this model. It is legal and that is what they were incorporated for. The problem arises when greedy professional associations, government bureaucrats, trainers, and individual interpreters and translators begin to campaign for this corporate interests completely disregarding the profession and those who provide quality services. It is very dangerous to have all of these members and peripheral members of the profession ceaselessly attempting to convince professional interpreters and translators, new and old, that the way of the future leads to a profession bastardized by an “industry” where professional interpreters and translators will have to take their marching orders from minimum-wage high school level coordinators and project managers whose only priority is to squeeze everything they can get from the interpreter and translator and pay a fee (that they cleverly refer to as “rate” to rhyme with the “industry” philosophy they practice and try to propagate) worthy of a hamburger flipper, not a professional service provider. For years they have used scare tactics and “there is no other choice” arguments to coerce many weaker colleagues to give in and drink the “industry’s” Kool Aid.
First they tried to shame and ridicule professional interpreters and translators by spreading unfounded and hateful rumors that the real reasons for our opposition to the crowning of these multinational language “industry” service providers were our ignorance of new technologies and our fear of globalization. Using their very deep pockets, they took this message to all corners of the earth and repeated these lies until many believed them as true.
We all know that professional interpreters and translators are not opposed to technology; it is common knowledge among our peers that we all welcome the opportunity to work and learn from other high-quality professional colleagues who live somewhere else in the world. The truth that these entities do not want the professional service user-beneficiary to know is that interpreters oppose the laughable fee (again, referred to as “rate” by them) system these outsiders to the profession propose, where they offer to pay by-the-minute of interpreting service over the phone or video outlet, lower interpreting fees for remotely interpreted conferences because the interpreter “does not need to travel” despite the fact that the service, preparation and effort are the same whether the interpreter is at the venue or twelve time zones away. They forget, or choose to ignore, that their savings are already impacted by modern technology when they save transportation, lodging, Per Diem, and travel day fees customarily paid to interpreters in case of travel. Those are the savings, not lowering the interpreter’s fee.
The same situation applies to translators who have welcomed new tools and best practices that enhance quality and reduce time and effort. The things that real professional translators will not accept, and the multinational language “industry” providers who propose no pay for repetitions, numbers, etc., while pretending to use the best of the best in the translation world as mere “post-editors” of the work that computer program algorithms and paraprofessional translators (who have been paid rock-bottom fees) did, so that the final product that the agency’s client sees is at least half decent. Professional translators know that this is not the way to provide a translation service; they know of the time and effort involved in rescuing a non-existent translation from a deformed text they were just handed by the so-called “project manager” (who have no idea of what they are asking the translator to do) is a professional practice that should never happen, but when it does, it should command an even higher fee than a translation from scratch. These translators are not afraid of technology and they are not against globalization; they oppose a job description that resembles more the work of a babysitter (of incompetent translators) than the professional service of a translator.
I know that I am not telling you anything new. We have all discussed these issues in this blog and elsewhere many times, and we have successfully defended our profession by educating the good clients and through pointing out the nefarious services and products that very often come out of these multinational language “industry” companies. Yes, there are good agencies. We all know who they are, and we shall continue to work with them on a professional relationship based on mutual respect and understanding, but unfortunately, most agencies act as described above.
The reason I decided to write this new entry was to send you all a warning; to give you the heads up: These multinational entities are back, and they have a new strategy.
You see, they are now trying to convince interpreters and translators that they have changed; that it was all a misunderstanding. That they never meant any harm to the individual interpreters and translators. They want you to believe that they appreciate you and cherish you, and they will come up with very creative schemes.
All you have to do is to look at their conference programs to immediately notice how they are designing strategies to make interpreters and translators happy; to make you feel appreciated and respected, so at the end of the day you give up and agree to work for them under despicable conditions. Look at the different conference programs and see how they are inviting as presenters of this new approach no others than their very own company executives, and interpreters/translators who have decided to abandon the defense of the profession and join the ranks of the “industry” in exchange for who knows what.
This is their new strategy, so we have to be alert. They must think that this time they will get us, but, dear colleagues, we are no Trojans. We will not welcome their “gift” disguised as a horse. These are dangerous times and the “industry” has deep pockets that they rather use to destroy the “profession” than to attract high-level professional interpreters and translators by paying professional fees. We cannot let our guard down. We are not “Little Red Riding Hood” but the big bad wolf is trying to get us.
I now invite you all to share your suggestions and experiences in dealing with these very serious problems; I only ask you not to post any comments defending the multinational language “industry” movement. This is a forum for professional interpreters and translators. There are plenty of places in cyberspace where those who want to praise the qualities of these folks can ingratiate themselves with the “industry”.