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posted by martyb on Thursday February 13 2020, @12:51PM   Printer-friendly
from the who-'s-the-boss? dept.

Uber and Postmates won't be getting the reprieve they were hoping for from a new California gig worker law. A federal judge denied their request to put a temporary stop to AB 5 while a lawsuit they filed against the state works its way through the courts. This means both companies are still beholden to the law, which could force them to reclassify their drivers as employees.

"The court does not doubt the sincerity of these individuals' views, but it cannot second guess the legislature's choice to enact a law that seeks to uplift the conditions of the majority of nonexempt low income workers," US District Judge Dolly M. Gee wrote in a 24-page ruling on Monday. "The balance of equities and the public interest weigh in favor of permitting the state to enforce this legislation."

AB 5 boils down to worker classification. Currently, most workers for gig economy companies, like Uber, Lyft, Postmates and DoorDash, are classified as independent contractors. While that classification can mean increased flexibility for workers, it can also mean those drivers are shouldering many of the costs of their employers. Uber drivers, for example, pay for their own car, phone, gas and vehicle maintenance. They also don't get basic benefits, such as minimum wage guarantees, overtime pay and health insurance.

Under AB 5, which went into effect on Jan. 1, all companies using independent contractors in California will be put to a three-part test to determine whether they must reclassify their workers. If they don't pass that test, they'll have to turn their workers into employees.


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  • (Score: 1) by fustakrakich on Thursday February 13 2020, @05:41PM (1 child)

    by fustakrakich (6150) on Thursday February 13 2020, @05:41PM (#957774) Journal

    Well, Sanders is a big talker. I guess we gotta vote him in to see if he can pull it off. Gotta sweep out the House though. Get rid of the old antiques cluttering up the place, causing so much obstruction! Can't even find their way to the bathroom.

    --
    La politica e i criminali sono la stessa cosa..
  • (Score: 1, Interesting) by Anonymous Coward on Thursday February 13 2020, @07:54PM

    by Anonymous Coward on Thursday February 13 2020, @07:54PM (#957840)

    Yes that is the problem, and benefit, of the separation of powers. A benevolent dictator could more easily force changes through, but I'll take the protection of limiting evil dictatorship. After this impeachment debacle I think politicians will realize they had better support UH if they want to win their elections. It is a pretty bipartisan issue now that the country has had enough time to see how shitty the ACA is, and for the misinformation to be pushed back by factual statements.

    The facade of perfect capitalism has crumbled and we see the thieves cackling in their mansions purchased literally off the suffering of others. Not just in healthcare either, Amazon workers being treated like robots and often pushed beyond physical limitstions, etc.

    Not that we should go communist, I think heavily regulated capitalism is the best balance of freedom with civic duty.