231–240 of 260 posts
ABC has long stood for Anywhere But California How they expect to stem the flow of businesses moving out of the state while not honoring simple contracts is beyond me.
Please, tell me more about these jurisdictions that enforce void (not voidable, void) contracts.
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This is not quite an exclusive or. The service is not outside of business standard variety. Other cab companies have client driven matchmaking systems too now... They also employ office workers. The workplace for a cab driver is his car. Therefore, what Uber does would make them a cab company that abuses contractors instead of employing employees. However, the key point here is the test A. If Uber is specifically tel…
> Fudging with scoring system to fire those who do not follow such orders indirectly could be construed as such as well. Surely companies must be allowed some method to ensure the quality of work they desire.
You know what would be a better test? Check if there is a job contract between company and person.
MM I just though isn't this going to kill Hollywood as the entertainment biz is run off "contractors" I think A & B would catch most film tv and theater professionals the gaffer gets told what lighting effect to go for also everyone on a show gets told when and where to show up on the call sheet.
I don't think so. The gaffer is told what lighting effect is desired, but they are the one that has control over how it's achieved. Same for the propmaster; the director says, "We need something that does this", and it's up to the propmaster how to achieve that. That industry does also have some pretty strong unions, so I think they'd be ok regarding labor standards. Just like if you hired someone to paint your fence…
But in theory I could make the same arguments for it contractors I am told what to achieve not exactly how to do it No?
Am I the only person that feels that places like Uber/Lyft/Etc are fighting the wrong battle? I think their money would be better spent instead fighting for a new classification of labor. One that defines exactly what a Gig (Hate that term) worker is and how the industry operates. Its clear to me that tons of people want a job like Uber offers. I think its time we make a law that represents that. Instead they waste t…
The problem is that people want the easy access of Uber (taking the term generically) jobs but when they get it, they also want the security and paternalistic perks of standard employment jobs. Of course, this can not exist together - the whole point of Uber jobs is that they are not standard employment, that's why they are so easily accessible and so easy to respond to demand. It is a fundamental contradiction - the…
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In every role I was a contractor, there was essentially no difference between me and employees. Even had gigs where I was in one cube over, had a company badge with my photo on it, and had an @companyname.com email.
There are a few differences: employees are invited to the meeting where quarterly financial performance is shared; they have to do the yearly goals; they are invited to the the year end holiday lunch; and they sometimes get a bonus. The last one is contractors are first cut when there are financial hard times. Many employees skip the financial meeting. Contractors are often ignored when they sneak into the holiday lu…
This test has been the standard in other states for a while - New Jersey for example. But I don't think it has been an issue for Uber/Lyft classifying drivers in NJ as contractors. I wonder why not?
California has 4x the population of Jersey and is home to the very businesses that are leading the charge against employee/contractor norms.
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> Some of my favorite gigs I've ever performed aren't possible under this standard. Let's not assume that because the cost to the employer goes up, they will drop all the former 'contractor' positions. Employee rates are based on what the market will bear, subject to law and regulation; they are not based on 'cost-minus' - cost to the employer, minus a profit. Using a very simple case of the cost and benefit: If the…
For some (non-IT) companies programmers are always a sunk cost, so this math doesn't work there.
I'm not sure what you mean by that. Could you flesh it out? To me a "sunk cost" is something you've already paid for and can't get back - like your investment in that boat that sunk to the bottom of the ocean. Hiring is about future costs, not past ones.
Here is the new test (the ABC test if you're into unnecessary pet names for things): > If A, B, or C isn’t present, the worker is considered an employee. > A. Freedom from control over how to perform the service > B. Service is outside the business' normal variety or workplace > C. Worker is engaged in independently established role So if any one of those conditions isn't the case, you are an employee under the law.…
I think A and B present a difficult challenge for Uber/Lyft. Drivers do not have the freedom to control how to perform their services. They do have some leeway in route, but not total leeway. And there are many guidelines they have to abide regarding the condition of their vehicle and treatment of passengers. Element B is a little less clear, but I think it would be difficult for Uber/Lyft to overcome. Drivers would…
What about the Post Office??
This is going to create an interesting situation for the supremacy clause.
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There are a few differences: employees are invited to the meeting where quarterly financial performance is shared; they have to do the yearly goals; they are invited to the the year end holiday lunch; and they sometimes get a bonus. The last one is contractors are first cut when there are financial hard times. Many employees skip the financial meeting. Contractors are often ignored when they sneak into the holiday lu…
One company (Sabre) actually had a department (development team that supported HR) holiday lunch/outing. Everyone on the team went, contractors and employees. (Don't get me wrong - I'm glad I had a great manager who would do that ... but honestly the only difference I really ever felt was my paycheck was signed by someone else)