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Pro
It’s about how state labor laws govern how the app drivers are compensated as contractors. Companies do have freedom to hire/fire at will, but there are a lot of labor rules, especially in CA. For instance even related to definition of employees eligible for salary vs hourly, benefits, overtime etc.
Whether or not it’s a good thing really depends on how the driver feels about it. Some people want to be classified as an employee and many don’t. Treating them as contractors when they legally should be employees is bad for other gig workers since it sets bad precedent.
The real issue with it is that Uber and the like want to classify drivers as contractors for the cost benefits (to the employer), but the drivers aren’t allowed to be true independent contractors. As a true independent contractor you would have business license and all of the tax benefits that come with that. Under prop 22 that wouldn’t be the case it would just be a loophole to not pay employees as employees but not allow them to setup as actual independent contractors.
What am I missing here? Would love to hear from those of you that support companies requiring vax but also support Uber and Lyft drivers classed as employees
Chief
Prop 22 is unconstitutional under the *state* constitution, not Federal. Apples to oranges comparison.
(Plus, Prop 22 basically was to carve out for Uber an exception to the laws that govern whether a role is contractor or employer - clear skirting the rules to favor the employer)
The reason the same logic does not apply is because the drivers do not meet the standards of independent contractors. So if they don’t meet the standards of independent contracts by default they are employees (which is good, it what protects people from companies taking advantage of them). It doesn’t matter if the majority of both parties want it, if they don’t meet the requirements and 1 individual (or 4 in the case of prop 22) challenge the classification it will (was) overturned.
Rising Star
Federal vs State first off.
2nd, are you saying a vaccine mandate means you don’t think there can be a minimum wage, minimum age to work, overtime pay requirements, non-exempt status, state holidays?
Some stuff can’t be agreed away. Your base argument seems to be that anything could. “My employer and I agreed labor laws don’t apply to me” isn’t a thing you can do.
Enthusiast
> My employer and I agreed
> Agreed
Seems reasonable to me 🤷🏼♂️
Chief
BDD1 said it. Some things can’t be agreed away. It’s that simple.