Posts tagged Uber
California Independent Contractor Law Faces Withering Attacks
June 16, 2023 //
Commentary: It’s Time to Retire the Labor Law
June 14, 2023 // Under a neutral public policy, an employer would be able to make a contribution to a pension plan or give access to a health plan to an independent contractor just as easily as to an employee. Finally, we need to treat labor contracts the same way we treat all commercial contracts, unless there is some compelling reason not to. We don’t tell people selling their house or a used car that they cannot sell below a minimum price. We don’t tell people selling their home that if doing so takes more than 40 hours a week, the sales price has to be 50 percent higher. People selling their labor services should enjoy just as much freedom of contract as they have in the sale of any other good or service.
Austin American-Statesman journalists to strike
June 5, 2023 //
Are Unionized Gig Workers The Future Of Work?
June 2, 2023 // Additionally, some unions—because of a lack of resources—aren’t able to take the most direct approach to helping gig workers. “Unfortunately, right now there are some unions that have taken a ‘strategic’ approach of trying to work with the companies and become their labor partners,” says Dryburgh. “In May 2021, they tried getting a law passed in NYC that would provide Independent Drivers Guild and Transport Workers Unions fees for representing workers that would come from fares and delivery fees. The problem with these laws is that while they provide immediate benefits to workers, they create these carveouts that prevent app-based workers from being classified as employees. These kinds of deals can have irreparable consequences for the rest of the labor movement. If the new standard of whether you are an employee depends if you get your job through an app, all W2 employees are in trouble.”
Rep. Kevin Kiley Fights for Freelancers Against Julie Su Nom in First Workforce Protection Subcomittee Hearing
April 21, 2023 // Through the PRO Act, DOL rulemaking, and installing those who will do their bidding atop federal government agencies, the establishment Democratic Party, in lockstep with the Big Labor lobby hopes to force tens of millions of Americans out of freelancing and independent contracting and into “employee” status, which would allow the unions to focus on organizing new sectors in the face of dwindling membership. Rep. Kiley has fought against these efforts every step of the way, first in the California State Assembly and now in Congress, and called the hearing to highlight just how destructive the Biden/Su agenda will be to all Americans, and not just Californians, and has called Su “the architect and lead enforcer of AB-5.”
Michigan: Wage theft package gets first committee hearing
April 14, 2023 // Under HB 4390, an independent contractor is someone who is: a) “free from control and direction of the payer,” b) “performs work that is outside the usual course of the payer’s business,” and c) “is customarily engaged in an independently established trade.” Wendy Block, Senior VP of Business Advocacy and Member Engagement for the Michigan Chamber of Commerce, compared the Michigan proposal to California’s independent contractor law. HB 4401 and HB 4406 would make it a felony punishable by up to two years in prison and or a $10,000 fine to refuse to provide that information more than once.
Opinion: It Turns Out Anti-Gig Economy Law AB 5 Was Tarnished by ‘Backroom Dealing’
March 30, 2023 // The court cited Gonzalez’s own damning tweets, interviews, statements and a Washington Post op-ed, even suggesting that AB 5 is rooted in “corruption, pure spite, and naked favoritism.” Indeed, the judges’ line of questioning at the July 13, 2022, hearing signaled their dismay at Gonzalez’s “shocking statements,” noting that Uber was the focus of her attention. The plaintiffs’ complaint included a list of disparaging remarks by Gonzalez, such as calling Uber’s chief legal counsel “full of shit” on Sept. 18, 2019 — the same day Gov. Gavin Newsom signed AB 5 into law.
California: Court ruling opens door to gig driver unionization bill, union says
March 28, 2023 // Last Monday, a California appeals court ruled that Proposition 22 — a 2020 ballot measure that allowed Uber, Lyft, and other platforms to classify their workers as independent contractors rather than employees — was largely constitutional, reversing much of a lower court ruling. But the court found that one part of the proposition wasn’t valid. It’s a part that defined legislation on certain subjects, including unionization for app-based drivers, as amendments to the proposition. And amendments, the proposition declares, need to pass by a seven-eights majority vote of the Legislature. That super, super, super-duper majority is a steep climb.