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  1. #1
    Taking A Stand!!!

    Join Date
    Jul 2009
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    ABF
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    Albuquerque, NM
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    Default California Bill AB5

    California, always ahead of the pack. Leave it to them to do something about this issue.
    Gig worker or employee?

    California will wrestle with that question this year with efforts under way in Sacramento to either codify or limit a groundbreaking state Supreme Court decision issued in April.

    The ruling, in a suit brought by delivery drivers at Dynamex, made it harder for businesses to classify workers as independent contractors. It implemented a formula, called the ABC test, that says workers are employees if companies control what they do, if their tasks are central to a company’s core business, and if they don’t run independent businesses doing that work.
    https://www.sfchronicle.com/business...t-away-with-wa

  2. Likes 222lifer Liked this post
  3. #2
    Taking A Stand!!!

    Join Date
    Jul 2009
    Local Union
    492
    Employer
    ABF
    Location
    Albuquerque, NM
    Posts
    41,659
    Rep Power
    915

    Default California Teamsters Call for End to Worker Misclassification

    Teamsters from more than 15 locals unions within California Joint Councils 7 and 42 took part in a hearing and lobby day in Sacramento in support of legislation to help end misclassification.

    More than 50 Teamsters joined the California Labor Federation at the Capitol to show their support for Assembly Bill (AB) 5. In April, the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. vs Superior Court of Los Angeles, referred to as “Dynamex,” simplified the test for determining whether a worker is classified as an employee for minimum wage and overtime protections. Assembly Bill (AB) 5 is legislation that would codify Dynamex into state law, and make it harder for employers to misclassify their employees as independent contractors.

    “Misclassification is an attempt to weaken the bargaining power of workers. Unchecked, it will contribute to ever-widening income inequality and increased corporate power,” said Doug Bloch, Political Director for Teamsters Joint Council 7.

    Bloch was a panelist on the California Assembly Committee on Labor and Employment hearing titled, “Dynamex and Beyond: Understanding the Legal and Policy Landscape of Workers Misclassification in California.”
    https://teamster.org/news/2019/02/ca...classification

  4. #3
    Taking A Stand!!!

    Join Date
    Jul 2009
    Local Union
    492
    Employer
    ABF
    Location
    Albuquerque, NM
    Posts
    41,659
    Rep Power
    915

    Default Re: California to thrash out gig worker status in upcoming bills

    Gig victory: Landmark Calif. bill ends classification of workers as independent contractors

    As they worked to wrap up this year’s session, California legislators on Sept. 11 sent Gov. Gavin Newsom a ground-breaking bill to correct widespread misclassification of workers as independent contractors, when they should be classified as employees.

    Under Assembly Bill 5, “Worker Status: Employees and Independent Contractors,” which Newsom has said he will sign, workers in a broad range of occupations who have been wrongly classified as independent contractors will gain basic benefits they are currently denied, including Social Security, unemployment insurance, workers’ compensation, and overtime pay, as well as the right to organize.

    The measure, introduced by Assemblymember Lorena Gonzalez, D-San Diego, and passed overwhelmingly by both legislative chambers, codifies into law the California Supreme Court’s “Dynamex” decision last year setting out three requirements for employers to prove workers really are “independent contractors:” 1) they are free from employer control, 2) they work outside the regular scope of the business, and 3) they are independently established in that trade. Gonzalez says it will open the door for reclassification of over a million California workers now misclassified as contractors.
    https://www.peoplesworld.org/article...t-contractors/

  5. Likes 222lifer, fxstc07 Liked this post
  6. #4
    Taking A Stand!!!

    Join Date
    Jul 2009
    Local Union
    492
    Employer
    ABF
    Location
    Albuquerque, NM
    Posts
    41,659
    Rep Power
    915

    Default Re: California to thrash out gig worker status in upcoming bills

    New California Law Takes Aim at Misclassification

    California enacted a landmark new law last month that rewrites the state’s employment law to crack down on the use of independent contractors by companies, and the Teamsters played a huge role in getting it done.

    Authored by Assemblywoman Lorena Gonzalez (D-San Diego), a former Teamster labor leader before she was elected to the Legislature in 2013, this union took an active role in its passage from the outset. It’s an issue the Teamsters have been involved in for years, going back to its first involvement protesting the treatment of port truck drivers at the ports of Los Angeles and Long Beach.

    Back in February, Teamsters from all over the Golden State gathered in Sacramento to press lawmakers to support AB 5, saying it was time to end misclassification. They noted that good employers who play by the rules should not be undercut by companies that misclassify their workers as independent contractors to avoid the minimum wage, payroll taxes, Social Security, unemployment insurance, workers’ compensation and more.

    The Teamsters continued to ramp up pressure to approve the bill during the legislative process.

    “Misclassification is an attempt to weaken the power of workers, including the thousands of truck drivers in California who deserve a living wage and full rights as employees,” Teamsters General President Jim Hoffa said in September after the state Senate voted to approve AB 5. He called its vote, “a strong stand with workers who should earn a living wage and have the protections to which they are entitled.”
    https://teamster.org/blog/2019/10/ne...classification

  7. #5
    Taking A Stand!!!

    Join Date
    Jul 2009
    Local Union
    492
    Employer
    ABF
    Location
    Albuquerque, NM
    Posts
    41,659
    Rep Power
    915

    Default Re: California to thrash out gig worker status in upcoming bills

    Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California
    Santa Clara, CAUber and other gig-based companies aren’t the only ones battling California labor law Assembly Bill 5. Late last year, the Western States Trucking Association and the California Trucking Association also filed lawsuits challenging AB5 and its “ABC test”, which has now been challenged by the state and the Teamsters.

    In early May, the California Attorney General and the International Brotherhood of Teamsters urged the court to shut down the Western States Trucking Association’s lawsuit claiming that AB5 unfairly burdens motor carrier operations and is preempted. On May 4, both the state and the Teamsters told a California federal judge that the WSTA has misinterpreted AB5, and that the trucking group’s claims of imminent harm are “speculative and completely overblown”.

    The WSTA, which represents 6,000 trucking operators, argues that AB5’s mandate to classify workers as employees rather than independent contractors, prevents “a construction trucking subcontractor of any size from contracting with other independent trucking companies, and mandate[s] that subcontractors must negotiate with, contract with, and get compensated directly by the licensed contractor,” according to Law360 and court documents.
    https://www.lawyersandsettlements.co...e-o-23245.html

 

 

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