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California passes bill that classifies gig economy workers as employees

nytimes.com

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

#502

Earlier quoted context omitted.

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?

The crux of the interpretation is what constitutes an hour of work.

Once the ride starts with a paying client in the car, the hourly earnings are easily above minimum wage.

But what about the time spent logged into the app waiting for a ride? If you take a standpoint that's friendly to Uber, that is not billable time - the driver could potentially be working in other capacity (including doing gigs for direct and indirect competitors, like Lyft, Postmates, TaskRabbit, etc.) If you take a standpoint that's employee-friendly, this is similar to a store register clerk being by the register with no customers in the store - they're still present to perform their duties when necessary and therefore must be compensated.

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

#503

Earlier quoted context omitted.

This is why I don't understand why people take gig jobs. Think of the opportunity costs. First off, Uber drivers don't make that much. Then you have vehicle depreciation and maintenance costs. You need to carry an insurance rider that covers rideshare driving. You also need to pay for your own health care. When you add up all these expenses, plus the desire for a living wage, there is no way drivers can be making eno…

> This is why I don't understand why people take gig jobs. Sometimes Compared to what? is the most important question. I've been driving for a few years. Before this I was making minimum wage with no benefits. Before that I had a difficult stretch of unemployment. One of my least favorite questions passengers ask me is What did you do before this? because I don't really like to talk about it. It is a rough job - you…

So, you'd rather drive without a guaranteed minimum wage, possibility for unemployment benefits, or health care benefits? I fail to see how that leaves the driver in a better position.

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

#504

Earlier quoted context omitted.

In America, you have to work until you die. The major thing the gig economy takes from people is health care. It's insanely expensive, and the Affordable Care Act is a terrible shamble of broken policy. I spent time outside of the US and came back to find health care worse than when I left it: https://fightthefuture.org/article/returning-to-america-and-... I have a friend who has been fighting brain cancer for over a…

This is why I don't understand why people take gig jobs. Think of the opportunity costs. First off, Uber drivers don't make that much. Then you have vehicle depreciation and maintenance costs. You need to carry an insurance rider that covers rideshare driving. You also need to pay for your own health care. When you add up all these expenses, plus the desire for a living wage, there is no way drivers can be making eno…

I drive Lyft and Uber in the SF Bay Area. I'm a retired computer programmer and I need to supplement my income to have spending money. I'm on MediCal which is a great health insurance program and easy to get on if you are low income. I'm actually making really good money driving. When I am smart about knowing when and where to be I can make a too much money even working part time, by which I mean I will disqualify myself for MediCal. After all expenses including auto depreciation (I paid 6000 for a nice little transport car) I make a profit. Now I doubt Lyft or Uber would hire me because of my age. So it goes.

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

#505
post #451

This is an extremely heavy handed law which would be destructive to large parts of the economy by making many people’s livelihoods illegal. The drafters of the law knew this, which is why 90% of the text of the law is carve-outs for various professions. But forcing people to live their lives through loopholes never works well. For example, they have this carve out for high skilled professions: > (3) An individual who…

You said it yourself: software engineer

So we are allowed.

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

#506
post #451

This is an extremely heavy handed law which would be destructive to large parts of the economy by making many people’s livelihoods illegal. The drafters of the law knew this, which is why 90% of the text of the law is carve-outs for various professions. But forcing people to live their lives through loopholes never works well. For example, they have this carve out for high skilled professions: > (3) An individual who…

Meh, as a freelance software engineer who sometimes works for California employers, I'll be happy to classify myself as an employee and decline health insurance in exchange for higher pay. While the law could have been written more simply, I think your concern for my well-being is misplaced.

It's not that simple. For a company, a contractor is much different than an employee, and it is much more regulated and costly to terminate an employee.

For example, if you terminate an employee you have to have proper documentation to justify the termination. Even then, you are still vulnerable to a wrongful termination lawsuit...unless you offer them severance in exchange for signing away the right to sue.

You are also on the hook for unemployment.

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

#507
post #472

Earlier quoted context omitted.

Based on the very large revenue from foreign patients who come to America to get cancer treatment on their own dime, those patients and their families care about getting the best treatment.

People do the same in India, Switzerland, Turkey, etc. medical tourism is very common.

Many Americans also head down to Mexico for various treatments that are more affordable. https://www.newsweek.com/thousands-americans-cross-border-me...

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

#508

Earlier quoted context omitted.

This is why I don't understand why people take gig jobs. Think of the opportunity costs. First off, Uber drivers don't make that much. Then you have vehicle depreciation and maintenance costs. You need to carry an insurance rider that covers rideshare driving. You also need to pay for your own health care. When you add up all these expenses, plus the desire for a living wage, there is no way drivers can be making eno…

I drive Lyft and Uber in the SF Bay Area. I'm a retired computer programmer and I need to supplement my income to have spending money. I'm on MediCal which is a great health insurance program and easy to get on if you are low income. I'm actually making really good money driving. When I am smart about knowing when and where to be I can make a too much money even working part time, by which I mean I will disqualify my…

What is the additional cost of having an insurance rider to cover when you're rideshare driving? I haven't pulled a quote, but I imagine that could be expensive due to increased liability.

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

#509
post #451

This is an extremely heavy handed law which would be destructive to large parts of the economy by making many people’s livelihoods illegal. The drafters of the law knew this, which is why 90% of the text of the law is carve-outs for various professions. But forcing people to live their lives through loopholes never works well. For example, they have this carve out for high skilled professions: > (3) An individual who…

You said it yourself: software engineer So we are allowed.

The vast majority of software engineers are unlicensed. I don't think CA even licenses software engineers.

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

#510
post #451

This is an extremely heavy handed law which would be destructive to large parts of the economy by making many people’s livelihoods illegal. The drafters of the law knew this, which is why 90% of the text of the law is carve-outs for various professions. But forcing people to live their lives through loopholes never works well. For example, they have this carve out for high skilled professions: > (3) An individual who…

You said it yourself: software engineer So we are allowed.

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