California Supreme Court Transforms the Test for Who Is an Employee
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California Supreme Court Transforms the Test for Who Is an Employee
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Re: California Supreme Court Transforms the Test for Who Is an Employee
#2It’s interesting how even within companies a hard set social hierarchy has taken place between employees and contractors. The contractors tend to perform the exact same duties as employees, but are usually paid less, have worse future prospects (companies tend to like to hire from full time to full time), worse benefits and generally don’t get most of the perks of being an employee.
For coders, is this because they’re objectively somehow worse programmers? Given all the emphasis in hiring on avoiding “bad” hires at all costs, it seems like there’s a conflict between paying for people who are “worse” than a FTE but still accepting their contributions. I realize it’s a strategy that gives the companies more leeway to expand and retract their workforce, but then stigma that is attached throughout the industry around contract workers shouldn’t exist, right?
Re: California Supreme Court Transforms the Test for Who Is an Employee
#3Does this affect "contract to hire" positions, where companies "try before you buy"? Further, can companies still get contractors through a contractor agency, assuming the workers are employees of that agency?
Re: California Supreme Court Transforms the Test for Who Is an Employee
#4What affect will this potentially have on Uber/Lyft?
Re: California Supreme Court Transforms the Test for Who Is an Employee
#5Does this affect "contract to hire" positions, where companies "try before you buy"? Further, can companies still get contractors through a contractor agency, assuming the workers are employees of that agency?
I doubt it'll affect agencies, since generally there's not a contract with the person but with the agency. No idea about the first case, this is definitely going to result in a lot of billable time for lawyers.
Re: California Supreme Court Transforms the Test for Who Is an Employee
#6This seems like a good thing overall
Re: California Supreme Court Transforms the Test for Who Is an Employee
#7It’s interesting how even within companies a hard set social hierarchy has taken place between employees and contractors. The contractors tend to perform the exact same duties as employees, but are usually paid less, have worse future prospects (companies tend to like to hire from full time to full time), worse benefits and generally don’t get most of the perks of being an employee. For coders, is this because they’r…
Do companies whose primary employees are programmers also employ contractual programmers? According to my observation, computer technology companies may have contractual workers, but only for other roles.
Re: California Supreme Court Transforms the Test for Who Is an Employee
#8Does this affect "contract to hire" positions, where companies "try before you buy"? Further, can companies still get contractors through a contractor agency, assuming the workers are employees of that agency?
This is how my wife joined her current (mega corp) employer with whom she's been with for years.
In her case she was on an educational visa (with employment rights ) at the time of the contract to hire.
She had sought employment for months after completing her degree so was really not in the best position to negotiate.
Re: California Supreme Court Transforms the Test for Who Is an Employee
#9It’s interesting how even within companies a hard set social hierarchy has taken place between employees and contractors. The contractors tend to perform the exact same duties as employees, but are usually paid less, have worse future prospects (companies tend to like to hire from full time to full time), worse benefits and generally don’t get most of the perks of being an employee. For coders, is this because they’r…
I'm not sure this is a very good read, especially in the startup scene.
I have been in a position (for which I'm super grateful) in which young startups didn't have the funds to pay me my full-time rate, and so instead chose to pay me a weekly rate to work one week out of the month. I like to believe that I provided substantial value in that configuration - usually landing to review code, mentor newer programmers, and help chart direction for the subsequent three weeks (during which I'd be absent).
In this case, I was being paid quite a bit more than the full-timers, not less.
In time, they grew to be able to afford a more complete full-time cadre, and they people I worked with weren't so junior anymore.
I did this... I think half a dozen times. It was a great work config for everybody. If you can afford to travel to the work and you can really bring the fight for 5-8 straight days, I highly suggest it.
Re: California Supreme Court Transforms the Test for Who Is an Employee
#10What affect will this potentially have on Uber/Lyft?
this is the 69 billion dollar question.