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California Labor Board not doing it's job

769 Views 17 Replies 11 Participants Last post by  here2der
It's now been nearly a year since the California Supreme Court Ruled in the Dynamex case that be they were making new and more simple rules that employers must follow if they want to classifying their worker's as Independent Contractor's.
The Court said as of 04/30/2018 that all workers in California are employees and that if an employer wants to change their employees to independent contractor's the employer must be able to prove that they can pass the ABC Test.
If they can pass this test, then they can change their employees into independent contractor's
So on 5/1/2018 all Driver's that work for Uber, Lyft, and any other Gig economy worker should have been changed to employees.
But as we all know as of right now all these workers are still being treated as Contractor's.
This all being said, my question is why hasn't the California Labor Commissioner cracked down on all these companies that have just ignored California law? It blows my mind that Uber and Lyft can time after time ignore the law and after more than 5 years, they are still getting away with cheating thousands of worker's.
So if you're like me who tried working for these clowns or still do, and you're mad because you have been screwed in order for these Gig scammer to use you to pay their expenses so that they can be millionaires, while you have to sleep in your car because even with 50 hr plus work weeks, after expenses you can't afford an apartment, then do something about it. Contact the California Labor Commissioner's office near you and ask them why, after the California Supreme Court ruled that all workers are employees until the employer can prove they can pass the ABC test, are Uber and Lyft not complying with the law? And why after a year has gone by, you haven't done anything to make them comply? If at least a few hundred of us did this I think you would soon start seeing expense reimbursement checks showing up in your bank accounts soon. For me that amounts to over $26,000 Lyft owes me. But not for long I have already accessed the Labor Commission to get my money back. It's just a matter of a few more months and with penalties I will be $50k richer and so can you. But only if you make Uber and Lyft obey the law.
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I hate to be the barer of bad news....you might disagree but this is how uber is set up. YOU are the business owner. YOU collect 100% of the fare for transporting people. You pay uber for 1) the use of their technology and 2) for them to use their technology to process payments for you. YOU are UBER CUSTOMER. So....

(A) the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact, and

They do not control how you work, when you work, who you choose to take or kick out of your car.

(B) the worker performs work that is outside the usual course of the hiring entity’s business, and

Uber is NOT a transportation business. They are a tech business. They make money by you using their tech. You pay them for using their tech to match YOU with customers and processing payments.

(C) the worker is customarily engaged in an independently established trade, occupation, or business.

This is your business, transporting people. You must have a business license (where required by your location) and pay all business taxes.

These facts may seem wrong to everyone in this forum but they are the facts. Uber has worked hard to protect themselves and used the laws on the books to do so.

I have worked as an independent contractor for various companies and would never go back to being an employee but there are some things that uber does that seem incredibly wrong to me. Riders should be UBERS customers not ours. My gross should be what uber pays me. But that's not reality. I don't like it but I'm not ignorant to it and I choose to drive anyway. If you don't like it, you can choose not to do it.

Thanks for bringing to my attention that CA law. Now I know uber will never change the way they do things because if they did, they couldn't earn money off drivers in CA.
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The government hasn't yet codified that ruling into law so they have leeway to continue business as usual until then. The California State Assembly already is working on Assembly Bill 5 which will redefine employment in accordance with that ruling and they have already made it clear that the rideshare market will not be exempt
If that is true, I see this being hung up in court battles for years. Or uber will just stop driver app service in California.
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