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California Labor Board not doing it's job

761 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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Most ants can't wrap their heads around the fact that they are AGREEING to the terms they hate so much. You, as an IC are free to take all/some/none of the ride REQUESTS that uber offers you.

So why would a tech company, that makes money by SELLING ITS SERVICES TO DRIVERS want to keep drivers that would simply decline the request? No one would want an unreliable sub-contractor on there list.

The fact that they are deactivating you (NOT FIRING YOU) because you do not want to work for them makes you an employee how??

If you don't like the terms of each ride Ubers platform offers you, then don't use the app. You can't cry about not being an employee when you never do anything that makes you look like an employee, ever.

This will not go to the courts because Ubers position is very solid and they have precedent on their side. If the wacky CA legislature changes the rules, it doesn't back date everyone to employee status for the last X years, and Uber will have plenty of time to make whatever changes it needs to keep you an IC.
The switch occurred with upfront pricing. Before upfront pricing, WE controlled the prices the passengers paid by the route we took them, since they paid actual time and miles. Then we remitted 20-25% service fee to uber. After upfront pricing, we earn a set per mile and per minute rate, but that has no relation to what the passenger pays. The passengers used to be our customers, but now they are Uber's customers, since our earnings are independent of the passengers' fares.
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