【题源外刊】第11期:加州AB5法案对报纸行业的影响
原文期刊:洛杉矶时报
原文标题:
Newspapers are already struggling. California might make things even worse.
考研英语阅读话题-法案与社会议题
外包:外包是指企业动态地配置自身和其他企业的功能和服务,并利用企业外部的资源为企业内部的生产和经营服务。企业为维持组织的核心竞争能力,且因组织中人力不足的困境,可将组织的非核心业务委派给外部的专业公司,以降低营运成本,提高品质,集中人力资源,提高顾客满意度。有效的外包行为增强了企业的竞争力
正式工:签了劳动合同不一定是正式工,从我国法律中的规定可以知道,在用人单位与劳动者之间建立了劳动关系之后,则最迟一个月之内就必须签订书面的劳动合同才行,超过规定时间没有签订的,则单位就要承担不利的法律责任。若合同内部有规定试用期的,试用期过了才是正式员工,若无约定试用期,则签订劳动合同后即是正式员工。
劳动合同,是指劳动者与用工单位之间确立劳动关系,明确双方权利和义务的协议。订立和变更劳动合同,应当遵循平等自愿、协商一致的原则,不得违反法律、行政法规的规定。劳动合同依法订立即具有法律约束力,当事人必须履行劳动合同规定的义务。
本文选自《洛杉矶时报》2019年9月5日刊出的一篇文章,主题是加州AB5法案对报纸业的影响。
脉络:
今昔对比引出报纸业和送报话题(第一段)——回溯加州最高法院去年一项裁定(第二段)——引出涉及该裁定的新法案并表明此举对报纸业的影响(第三、四段)——介绍法案豁免对象并表明作者态度(第五段)——总结全文,重申态度(第六段)。
Part 1
原文
Ⅰ While bicycle-riding paperboys and papergirls gave way to sedan-driving adults, one aspect of the job remained the same: The people delivering the paper were independent contractors, able to work in multiple jobs for as many companies as they could fit into their schedule. That's been true for decades. Now, however, a state Supreme Court ruling threatens to disrupt the distribution system, posing a serious threat to California's newspaper industry.
Ⅱ In Dynamex Operations West vs. Superior Court, the state's highest court last year ruled that a company must treat workers as employees rather than independent contractors unless it can show that the workers aren't under its “control and direction,” the work performed is “outside the usual course” of the employer's business, and the workers usually do the sort of work the company is hiring them to do. Once categorized as “employees,” they would be entitled to workplace protections and benefits.
Ⅲ The California Legislature is now prepared to pass a bill (Assembly Bill 5) that would write the Dynamex ruling into state law. While most of the debate about the bill has surrounded “gig economy” companies like Uber and Lyft, whose businesses revolve around independent contractors, the measure is problematic for companies across the state that have relied on outsiders to carry out small but vital roles. Forcing newspaper distribution companies to classify as employees the drivers who spend a couple of hours a day delivering papers before heading off to other jobs would add considerable cost to newspaper delivery and may cause newspapers to shrink their delivery areas or even end delivery. The end result would be a further handicapping of the newspaper industry, hindering access to the news and further shrinking the advertising revenue that is dependent on the number of households that subscribe.
Ⅳ Newspapers across the state also rely on freelancers to provide more diverse viewpoints — for example, by writing regular op-eds or columns. AB 5 could limit those contributors to 35 submissions per year, which all but rules out regular columns written by a local high school coach or other nonprofessional journalist, while limiting the opportunities for freelance photographers.
Ⅴ The bill's author, Assemblywoman Lorena Gonzalez, has agreed to provide a laundry list of exceptions for industries and professions that have historically operated with or as independent contractors, including healthcare providers, real estate agencies, law firms, barber shops and pet care services. Newspaper industry deserves the same treatment.
Ⅵ We understand why the Legislature wants to protect workers from abusive business arrangements designed to evade an employer's duties. But lawmakers shouldn't let the Dynamex ruling force newspapers to disrupt the approach they've taken to delivering their product since the days they gave teenagers on bikes their first steady income. Everyone knows that big newspapers as well as small ones have been shedding staff and fending off bankruptcy in recent years as a result of declining ad revenues and shrinking circulation. The last thing California needs is for its Legislature to deal another devastating blow to our industry.
Part 2
词汇短语
1.paperboy [ˈpeɪpəˌbɒɪ] n.报童
2.contractor [kənˈtræktə] n.承包人
3.ruling [ˈrulɪŋ] n.裁决,判决
4.sedan [sɪˈdæn] n.轿车
5.be entitled to 有权享有
6.end result 最终结果
7.handicap [ˈhændɪˌkæp] v.妨碍
8.gig economy 零工经济
9.all but 几乎
10.op-ed [ˌɒpˈed] n.(报章上与社论版位置相对的) 评论版
11.laundry list 名单;清单
12.shed [ʃed] v.去除
13. fend off 抵御
14.devastating [ˈdevəˌsteɪtɪŋ] a.毁灭性的
Part 3
长难句语法点拨

本句主句为The bonds are are breaking down. 纽带在断裂。纽带后接一个定语本句主干为the state's highest court...ruled that...。In Dynamex Operations West vs. Superior Court与last year分别为地点和时间状语。ruled之后为that引导的宾语从句,其主干为a company must treat workers as employees rather than independent contractors,表示裁决内容。unless引导条件状语从句,从句内嵌三个并列的宾语从句,表示公司可以视工作人员为独立承包人的三种情况。从句,描述是什么样的纽带。定语从句的主语是bond,谓语是hold,hold+宾语+宾补。
Part 3
写作句型借鉴
While XX gave way to YY, one aspect of AA remained the same: ① ②③. 尽管XX被YY取代了,AA(描述对象)有几个方面仍保持不变:①②③。
原文例句:While bicycle-riding paperboys and papergirls gave way to sedan-driving adults, one aspect of the job remained the same: ……尽管骑车送报的男童女童被驾驶轿车的成年人取代,但这份工作有个方面仍保持不变:
The end result would be……,hindering access to AA and further shrinking BB,最终结果是……人们获取AA受阻,以及BB进一步缩水。
hinder和shrink可换成其它动词,这里是现在分词做结果状语。
原文例句:The end result would be a further handicapping of the newspaper industry, hindering access to the news and further shrinking the advertising revenue that is dependent on the number of households that subscribe.最终结果是报纸业发展受到进一步阻碍,人们获取新闻受阻,以及取决于订阅家庭数量的广告收入进一步缩水。

本篇逻辑梳理、关键词、翻译点评等可见:考研英语黄皮书~