[Netwerkjim]

On May 30th 2018 the California Supreme Court ruled in the Dynamex case that there was now a new standard. That from that day forward, all workers in California are employees unless the employer can prove they can pass the ABC Test that has 3 questions that all have to answer yes to and which Uber, Lyft or any off the other Gig Economy companies, can not pass.
So what I want to know is why almost a year later are all Drivers still Independent Contractor's which is a willful violation of this new law?
Why hasn't the California Labor Commissioner slammed them with huge fines and orders to immediately change their Driver's to employees?

 

[Mista T]

Because government moves slower than tech companies.

 

[ZenUber]

Drivers need to organize and get legal counsel. Change comes from pressure.

 

[NotanEmployee]

This is an exact repeat thread. Please utilize the search function

But you knew that since you started both threads. Move on or call an attorney stop boring us with your repeated drivel

 

[Eugene73]

cuz the government takes bribes, er i meant lobbying donations and gifts

 

[UberBeemer]

A court decision does not establish a law, just a legal precedent. If you sue over this, now you have a precedent to cite in a legal argument. But it does not mean companies like Uber or Lyft will automatically change your status as IC. I does open a door to pursue that change, though.

 

[Fuzzyelvis]

Can you post the 3 questions?

 

[CarpeNoctem]

The Court held that it is the burden of the hiring entity to establish that a worker is an independent contractor who was not intended to be included within the applicable wage order's coverage.

To meet this burden, the hiring entity must establish each of the following three factors, commonly known as the "ABC test":

(A) that 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 ​

(B) that the worker performs work that is outside the usual course of the hiring entity's business; and ​

(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.​

​

The Court concluded that the "suffer or permit to work definition is a term of art that cannot be interpreted literally in a manner that would encompass within the employee category the type of individual workers . . . who have traditionally been viewed as genuine independent contractors who are working only in their own independent business."

Lots of gray area.

A) could be iffy as they aren't technically looking over our shoulder but we are at the direct control or direction of the hiring entity (literally if you consider the navigation aspect)

B) Since they consider themselves a tech company (bwahahaha) and drivers are not techs so...

I think the real catch is C as we wouldn't be driving for hire if it weren't for Uber/Lyft.

PS. I just thought of something... if we also drive for Lyft then C wouldn't apply to Uber as they then have an out to "business of the same nature". And, vice versa.

 

[Merc7186]

Why do people keep saying that we need to organize....we are not employees, were independent contractors and I am perfectly fine with that.

If we were employees, we would paying way more in taxes and then people would be complaining about that.

 

[SuperStar3000]

Can you post the 3 questions?

Under the so-called ABC test, a hiring entity that wants to classify workers as independent contractors has the burden of establishing each of the following three things:

(A) that the worker is free from control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;

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

(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.

https://onlabor.org/looks-like-the-gig-is-up-for-uber-in-california/