Are App-Based #Drivers Classified as #Employees for Workers’ #Compensation Purposes? Despite the recent classification of app-based #drivers as independent #contractors for #employment #law purposes, Proposition 22 does not control whether or not they are able to #recover for a work-related #injury under California workers' compensation. For workers’ #compensation purposes, the test under S.G. Borello & Sons, Inc. v. DIR remains the current, controlling authority for classifying an app-based driver’s #employee status. The Workers’ Compensation #Appeals #Board has found classification of a worker's #employee status to be determined on a case-by-case basis depending on the specific fact pattern. The #Borello test weighs several factors when determining an employee status, including but not limited to the employer’s ability to control the manner and means of the work. To learn more, please visit https://khanujalaw.com. . . . #KhanujaLaw #AppBasedDrivers #WorkersComp #WorkInjury #Compensation #Employees #DisabilityBenefits #Claims
The majority of app-based drivers in a recent survey reported high levels of stress and concern about being exposed to the novel coronavirus. New study by DEOHS Assistant Professors @marissagbaker and @nicole.errett and team @uwsph @uwevansschool in collaboration with @teamsters117. Read more on our blog (link in bio). "This is important, vital work, and we should be recognizing that through the benefits that we demand that these drivers receive,” Baker said. . Photo: Charles Deluvio via Unsplash. . #workerhealth #workersafety #occupationalhealth #appbaseddrivers
National Association of Independent Truckers represent self employed and owner operator companies without hurting the quality of life or forcing a loss of income for drivers. #prop22 SEIU didn't have the right to go to court because they have a legally conflicting interest in forcing us to be employees. #appbaseddrivers #independentcontractors Let's learn from other people how to do this. https://www.naitusa.com/
Major national workers unions are using the court system to harass app-based drivers in California 80+% who want to stay independent contractors and work in ways that fit us individually. The Unions are directly harassing our style of work for union control. We don't need to be unionized and have never had a majority vote that way. It's an age-old right to work conflict but so far we haven't needed to worry about a conflict. The legal aggression from the unions is actually a racket and a protection scheme, not coming from a legally voted-on unionized driver group. #appbaseddrivers #prop22 https://www.capradio.org/articles/2021/08/20/uber-and-lyft-backed-prop-22-ruled-unconstitutional-by-alameda-county-judge-setting-up-ongoing-legal-battle/
I had a good weekend, and then this happened. Classist move by the court system over a part of the law which doesn't affect most drivers at all, 7/8ths of the legislature when most drivers are happy with Prop22 and independent contracting. California has already perverted the 11th Ammendment enough to ignore it completely with AB5, and this ongoing harassment from the court system will affect my income directly in a negative way. They need to stop. Cease and desist. Listen to drivers, respect our federal rights and tax filing status. #prop22 is legal and it helps income immediately in low income areas. I've already seen a raise in income. #appbaseddrivers
With voters approving Proposition 22 on Nov. 3, the 120,000 app-based drivers in California will become independent contractors on Jan. 1, 2021, effectively exempting them from 2019's California Assembly Bill 5. But along with allowing these gig workers to continue working unimpeded by the impact of AB 5, Prop 22 provides additional benefits for app-based drivers. . . . The first is the establishment of a net earnings floor, which requires companies using app-based drivers (such as Uber, Lyft and DoorDash) to ensure drivers are paid no less than 120 percent of the minimum wage (excluding tips) and 30 cents per engaged mile. . . . Engaged time and engaged miles are calculated as the time "from when an app-based driver accepts a rideshare request or delivery request to when the app-based driver completes that rideshare request or delivery request." Companies use the time "recorded in a network company's online-enabled application or platform" to calculate engaged time. . . . The companies that use app-based drivers must also provide these drivers protections and benefits that include insurance for injuries suffered while on the job, auto accident insurance, healthcare subsidies, contractual rights (including an appeals process), and protections against harassment and discrimination. The healthcare subsidies are 82 percent of the average ACA (Covered California) monthly premium for drivers who average more than 25 hours of engaged time per week and 41 percent for drivers averaging at least 15 hours but fewer than 25 hours per week. . . . If you have more questions about app-based drivers' rights under Prop 22, or if you feel you are not getting the full protections afforded by Prop 22 after the initiative goes into effect, please seek counsel. . . . #prop22 #uber #lyft #doordash #gigeconomy #rideshare #appbaseddrivers #california #entrepreneur #freelancer #freelance #ab5 #independentcontractor #covid #bhfyp #entrepreneurlife #businessowner #futureofwork #gigworker #mompreneur #photooftheday #work #sidehustle #grind #businesswoman #workfromhome #freelancers #startup #follow #business
HAVE YOU VOTED YET?! There are over 400 ballot drop boxes through out Los Angeles! Swipe to see Your nearest Koreatown drop box locations! Tag and share now! Not just presidents, we got propositions galore, local and state officials. Your vote matters! Let’s go! 🗳🇺🇸🙌🏽👏🏽❤️ h/t NBC LA #vote #yourvotematters #election2020 #koreatown #ktownla #ktown #losangeles #koreatownlife #affirmativeaction #propertytax #rentcontrol #proposition22 #appbaseddrivers #voteforchange #stemcellresearch #cashbail #cd4 #cd10 #councilmember #districtattorney
Ladies and Gentlemen, I’m pleased to announced a new Podcast! Primarily the idea of Attorney Andre Verdun, we discuss laws, propositions, court cases, etc. and break them down. In our first episode we discuss CA Prop 22 which, if passed, would reclassify App-Based Drivers as Independent Contractors and not Employees or Agents. You can also send your law related questions to [email protected] and we can answer them on the show! Special Thanks to Greg Larsen for providing the Logo and Bob Magana for providing our Intro and Outro music. Enjoy! . . . . . #linkinbio #podcast #california #law #prop22 #appbaseddrivers #uber #lyft #doordash #election
My political statement. Thanks @splashofmikayla for making it on your #cricut . . #YesOn22 #VoteYesOn22 #SaveIndependentDrivers @uber @lyft @postmates @doordash @grubhub #appbasedbusiness #appbaseddelivery #appbaseddrivers #notemployees
Prposition 22 ... YES? or NO? So normally I wouldn’t get political on my social media but I just got a text regarding Proposition 22 on my phone. Would love to hear from some Lyft and Uber drivers to get their take on it. . . . #proposition22 #appbaseddrivers #rideshare #uberdriver #lyftdriver
Staggering news for app based drivers that think of themselves as self employed Before September 18, 2019 life for an app based driver was simple. Passengers pay for their rides on line, you take them to their destination and pick up your next passenger. You are not an employee, you work for yourself out of your car as an independent. What if I told you things are about to change. You will now be classified as an employee and can no longer get reimbursed for your expenses or travel miles. How will this affect you? Existing law defines “employee” for those purposes to include, among other individuals, any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee. The existing law requires a 3-part test, commonly known as the “ABC” test, to establish that a worker is an independent contractor for those purposes. (A) The worker is free from the control and direction of the hiring entity in connection with the performance of work, both under the contract for the performance of the work and fact. (B) The worker performs work that is outside the usual course of the hiring entity's business. (C) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. The AB-5 bill exempt occupations like licensed insurance agents, certain licensed health care professionals, registered securities broker-dealers or investment advisers, direct sales salespersons, real estate licensees, commercial fishermen, workers providing licensed barber or cosmetology services, and others performing work under a contract for professional services, with another business entity, or pursuant to a subcontract in the construction industry. To find out more go to www.mytaxguy.com and read my blog on AB-5 and how it affects App based drivers #APPBASEDDRIVERS #UBERDRIVERS #LYFTDRIVERS #SELFEMPLOYEDDRIVERS #1099MISC #1099K #SCHEDULEC #GROUNDPASSENGERTRANSPORT #GIG #GIGWORK GIGECONOMY #PARTTIMEWORK #MOONLIGHT #MOONLITE #MOONLIGHTINGWORK #MOONLITINGWORK #SECONDJOB #MAKINGENDSMEET #FREETAXHELP #TAXADVICE #TAXINFO #TAXBLOG #EMPLOYEE #INCOMETAX
New York City will be the first U.S city to gave a minimum wage for app based drivers (Juno, Lyft, Via and Uber). The hourly rate will be around $17.22 an hour. This new wage will come in effect at the end of the year. This minimum wage will help drivers who are struggling financially lately. Photo Credit @visualhunt #Newyork #newyorkcity #queens #brooklyn #statenisland #bronx #manhattan #NYC #NY #trafficticket #traffictickets #michaelblock #minwage #minimumwage #drivers #appbaseddrivers #juno #uber #via #lyft --
New flyers for the October information session. New free membership option as well! www.dmvabda.org #DMVABDA #appbaseddrivers #abda #teamsters