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California passes bill that classifies gig economy workers as employees

nytimes.com

221–230 of 754 posts

Re: California passes bill that classifies gig economy workers as employees

#221

For those of you who want to read the bill: https://leginfo.legislature.ca.gov/faces/billCompareClient.x... . The pertinent part of the bill: 2750.3. (a) (1) For purposes of the provisions of this code and the Unemployment Insurance Code, and for the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contra…

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Re: California passes bill that classifies gig economy workers as employees

#222
post #142

Earlier quoted context omitted.

The employees have to buy and maintain the vehicles themselves, doesn't really absolve Uber from being a transportation company, after all, they make transportation happen on their platform as their main business effort.

Nonsense. eBay makes selling happen on their platform, does that make eBay a store and all sellers employees of eBay? Uber also is a technology company just like eBay.

Sellers are neither contractors nor employees for eBay, they're customers, just like those who sell something at Christie's aren't an employee or contractor of Christie's but another type of customer.

Re: California passes bill that classifies gig economy workers as employees

#223

Earlier quoted context omitted.

I guess that'd be decided in the courts. But Airbnb and Uber have to develop software in order to carry on their business, so I would come down on the other side of the argument.

I disagree, the apps facilitate their business but Uber and Airbnb aren't in the software development business, as they don't develop software for sale as their primary means of income.

To paraphrase, they're both software companies who happen to do rentals and cars. There's also nothing in that law which talks about core business. It's to do with work in the normal line of business, in other words - work which is regularly performed by the company, rather than specialist work for which a contractor is required.

Re: California passes bill that classifies gig economy workers as employees

#224

Is there any reason to believe the ride sharing companies won't reorganize their drivers using a similar model to what Amazon uses for their delivery drivers: contract to external firms that employ drivers so the parent entity is absolved of responsibility? https://www.nytimes.com/2019/09/05/us/amazon-delivery-driver...

Cost/Benefit. Uber doesn't want drivers classified as employees so they don't have to pay minimum wage, provide employee benefits, pay payroll taxes, or otherwise comply with the law vis-a-vis employees. Yet, it is one thing for Uber to hire drivers as contractors individually where Uber has full control over the terms, in other words no driver is in a position to negotiate their contract with Uber...it is an entirel…

In my country, working as an Uber driver gets you a good salary. I think it's around 1000€ (minimum wage being less than 500€). Is it different in USA? Do they get less than minimum wage for 8 hours?

Re: California passes bill that classifies gig economy workers as employees

#225

Earlier quoted context omitted.

As a software contractor... (A) and (B) are terrifying. I think (A) means you really can't do contract work while working under the direction of a manager, or PGM. So you essentially have to be doing work for hire rather than filling in a specialist role for a defined period of time. (B)... Wow... So if the company is a software development company, they can't hire contractors??? I really hope I'm reading that wrong.…

The bill makes an exception for engineers, among other professions: > An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, engineer, private investigator, or accountant.

That would not apply to software developers, even if they call themselves engineers, software developers are not licensed professional engineers (i.e. civil engineers).

For example a Software Developer can't start a professional corporation in California like a lawyer, architect, civil engineer, accountant etc...

Re: California passes bill that classifies gig economy workers as employees

#226

Earlier quoted context omitted.

As a software contractor... (A) and (B) are terrifying. I think (A) means you really can't do contract work while working under the direction of a manager, or PGM. So you essentially have to be doing work for hire rather than filling in a specialist role for a defined period of time. (B)... Wow... So if the company is a software development company, they can't hire contractors??? I really hope I'm reading that wrong.…

The bill makes an exception for engineers, among other professions: > An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, engineer, private investigator, or accountant.

Software "engineer" is not a (licensed) engineer, for the hundredth time.

Re: California passes bill that classifies gig economy workers as employees

#227
post #125

Earlier quoted context omitted.

Here in the US I'm personally forgoing health insurance to pursue my craft while developing software on the side for extra income. One medical emergency will end it all. I've often wondered myself if, in a country with universal healthcare, people would be more willing to take risks and start businesses, pursue their art, develop inventions, etc. Would love to see an analysis of the economic cost of not having univer…

>One medical emergency will end it all. One medical emergency and your credit will be ruined. Wait a seven years without contracting the debt collector and the debt becomes uncollectible. After three years roughly three quarters of the effect on your credit will evaporate. That's what actually happens beyond the hyperbolic political grandstanding. Remember kids, if you get a bill that you can't possibly pay. Don't pa…

Don't the debt collectors start with taking everything you own (money in bank, house, car etc.) first? And after that, they'll take most of your salary, leaving you only enough to physically survive. That's how it works in Poland, by law. The only available loophole is to work illegally till the end your life, so that the collectors can't get their hands on that money.

Re: California passes bill that classifies gig economy workers as employees

#228

Earlier quoted context omitted.

There are exceptions for certain "professional services" providers if certain factors are satisfied. Curiously enough, software developer isn't one of the exceptions. (c) (1) Subdivision (a) and the holding in Dynamex do not apply to a contract for “professional services” as defined below, and instead the determination of whether the individual is an employee or independent contractor shall be governed by Borello if…

Why am I not surprised its keeping us greasy engineers in their place. Just as in the UK actual Self employed contractors on a 3 month contract get hit by IR35 but Barristers working on the same case for a decade do not.

I can think of many different ways to interpret your first sentence, so I'm not clear what you're saying, but this does make me wonder if it's going to lead to any sort of licensing or certification for general industry programmers.

If workers in this field want to call themselves "software engineers" and gain the benefits of a professional title, like lawyers and architects, they're going to have to start following the other practices of professional fields. Just because a college dropout makes a popular webpage that sells a lot of advertising, that does not necessarily make him an "engineer".

Re: California passes bill that classifies gig economy workers as employees

#229

Earlier quoted context omitted.

As a software contractor... (A) and (B) are terrifying. I think (A) means you really can't do contract work while working under the direction of a manager, or PGM. So you essentially have to be doing work for hire rather than filling in a specialist role for a defined period of time. (B)... Wow... So if the company is a software development company, they can't hire contractors??? I really hope I'm reading that wrong.…

The bill makes an exception for engineers, among other professions: > An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, engineer, private investigator, or accountant.

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Re: California passes bill that classifies gig economy workers as employees

#230

Earlier quoted context omitted.

As a software contractor... (A) and (B) are terrifying. I think (A) means you really can't do contract work while working under the direction of a manager, or PGM. So you essentially have to be doing work for hire rather than filling in a specialist role for a defined period of time. (B)... Wow... So if the company is a software development company, they can't hire contractors??? I really hope I'm reading that wrong.…

The bill makes an exception for engineers, among other professions: > An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, engineer, private investigator, or accountant.

Is a software engineer really a recognised proffesion in CA?

It's a proffesional level job, but reconisation usually means being a member of some sort of proffesional body - no idea what the software one of those would be?

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