I know California is a whole-other-ballgame in a lot of ways, and I’m not familiar with the new laws that were mentioned, but from most of my background it seems Uber drivers fit the guidelines for independent contractors. They provide their own ‘tools’, set their own hours, etc. What am I missing??
I take Uber on a regular basis, these drivers are as independent as one comes and will easily pass the IRS test on Independent Contractors. They user their own vehicles and work when they feel like it. If all independent contractors or small business owners are owed minimum wage, I want to get my minimum wage for my early years starting my own agencies and other ventures! I made nothing, the California government needs to get a life and understand that people do things for different reasons, most drivers I talk to tell me they enjoy meeting people, some have spare time and do it because it fills up time, I had one doctor who donates his earning to charity! This is harassment of business and I am ready to moved out of this effed up state.
Recently, the CA Supreme Court recently ruled in a case against Dynamex that the standard to determine IC/EE status in transportation relative to wages (Wage Order 9) that the ABC test should be used to determine IC/EE status. The ABC test requires the following below. Generally, the most challenging prong to overcome is if the Uber driver is in the same “business” as Uber (or the B Prong).
•The worker is free from the control and direction of the hirer in relation to the performance of the work, both under the contract and in fact;
•The worker performs work that is outside the usual course of the hirer’s business; AND
•The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hirer
Now that the standard has changed to the ABC test, it is still yet to be seen how the courts will interpret….
California politicians are as dirty as they come and this is not about protecting drivers because the new conditions will ruin it for drivers. If they are made employees, rates will go up, they will get fewer rides and Uber will exercise more control over them (many don’t want this and want flexibility). Also self driving cars will come a lot faster.
I know California is a whole-other-ballgame in a lot of ways, and I’m not familiar with the new laws that were mentioned, but from most of my background it seems Uber drivers fit the guidelines for independent contractors. They provide their own ‘tools’, set their own hours, etc. What am I missing??
I take Uber on a regular basis, these drivers are as independent as one comes and will easily pass the IRS test on Independent Contractors. They user their own vehicles and work when they feel like it. If all independent contractors or small business owners are owed minimum wage, I want to get my minimum wage for my early years starting my own agencies and other ventures! I made nothing, the California government needs to get a life and understand that people do things for different reasons, most drivers I talk to tell me they enjoy meeting people, some have spare time and do it because it fills up time, I had one doctor who donates his earning to charity! This is harassment of business and I am ready to moved out of this effed up state.
Recently, the CA Supreme Court recently ruled in a case against Dynamex that the standard to determine IC/EE status in transportation relative to wages (Wage Order 9) that the ABC test should be used to determine IC/EE status. The ABC test requires the following below. Generally, the most challenging prong to overcome is if the Uber driver is in the same “business” as Uber (or the B Prong).
•The worker is free from the control and direction of the hirer in relation to the performance of the work, both under the contract and in fact;
•The worker performs work that is outside the usual course of the hirer’s business; AND
•The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hirer
Now that the standard has changed to the ABC test, it is still yet to be seen how the courts will interpret….
California politicians are as dirty as they come and this is not about protecting drivers because the new conditions will ruin it for drivers. If they are made employees, rates will go up, they will get fewer rides and Uber will exercise more control over them (many don’t want this and want flexibility). Also self driving cars will come a lot faster.