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Legislation seeks to curb abuses by 'rogue van crews'By Jenny Price
The legislation, which the state Senate approved this spring, has been in the works since 1999, when a van carrying a traveling magazine sales crew on the Interstate crashed near Janesville, killing seven teens and seriously injuring seven more. A similar bill passed the Senate last year but did not come up for a vote in the Assembly. Senate Bill 80 would change the definition of traveling sales workers from independent contractors to actual employees. That's one of the main provisions The Southwestern Company objects to, according to spokesman Trey Campbell. "At the heart of the matter, the safety of the young people making up those crews and the protection of Wisconsin citizens, is the driving force behind this bill," Campbell said. But while the bill "seems like a quick fix to prevent operators of traveling sales crews from abusing the independent contractor status by avoiding worker's comp and scheduled paydays," Campbell said its initial language would also prevent law-abiding and legitimate companies, like his, from operating as direct sellers. A similar bill failed to win passage in the New Jersey Legislature last year, but Sen. Jon Erpenbach, D-Middleton, the main sponsor of the Wisconsin bill, said action on the issue is long overdue here. "There are just horrific stories out there and examples as to why this is needed," Erpenbach said. A New York Times story published earlier this year -- based on interviews with more than 50 current and former members of magazine sales crews -- found many traveled in unsafe vehicles operated by unlicensed drivers. Those interviewed for the article also reported incidents of violence, drug use and cheating customers. "I'm sure there's examples all over the country everyday where something goes wrong or an employee is mistreated," Erpenbach said. Campbell agrees there's a need to curb the abuses by "rogue van crews" but maintains those enterprises are vastly different from other kinds of door-to-door sales enterprises that operate within the law, including Southwestern, which contracts with thousands of college students each summer who live with a local host family. "The superficial similarities end once you get past the youth of the college students and the fact they 'travel' in order to relocate to another town for the summer," Campbell said. And Campbell said the bill could take away a significant entrepreneurial opportunity for students who are essentially running their own small business. Last summer, 30 UW-Madison students made $387,665 gross profit, he said. Still, Erpenbach said Southwest-ern's request to amend the definition of traveling sales crews in his bill is not realistic. "To exempt one company is ridiculous," he said. "They think it's a good idea except for them," Erpenbach said. "They may be a fine company but that's not the point. They're in an industry that isn't really regulated at all." The bill also has vigorous support from families of the Janesville van crash victims, led by Phil Ellenbecker, whose 18-year-old daughter, Malinda Turvey, died in the accident. The driver of the van was trying to switch out of his seat to avoid being detected for operating without a license. Ellenbecker has been fighting for the bill for several years and spoke in favor of it during a Senate hearing last year. Ellenbecker testified the bill was intended to protect young sales people and their potential customers in Wisconsin "from the brutal violence that has plagued the traveling door-to-door sales industry both here in Wisconsin and across the country. "The bill is a matter of public safety and as such requires that the needs of the many must outweigh the needs of the few." Jenny Price is a Madison freelance reporter. jenny.price@gmail.com madison.com ©2009 Capital Newspapers. All rights reserved. |
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