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re: California passes bill forcing companies to re-classify workers

Posted on 9/11/19 at 10:23 pm to
Posted by Powerman
Member since Jan 2004
162225 posts
Posted on 9/11/19 at 10:23 pm to
Would seem difficult to prove how long you're on shift with that type of gig also.

Posted by dafif
Member since Jan 2019
5570 posts
Posted on 9/11/19 at 10:57 pm to
this will kill trucking companies in cali. Period.

Forget uber, these companies cannot haul the produce.
Posted by Boatshoes
Member since Dec 2017
6775 posts
Posted on 9/11/19 at 11:08 pm to
It sounds like the bill basically forces corporations to classify those 1099 independent contractors that they dictate rules of engagement to as they would to a W2 worker to actually classify them as a W2. Which may be one of the few good ideas Commiefornia has had.
Posted by trinidadtiger
Member since Jun 2017
13379 posts
Posted on 9/12/19 at 1:00 am to
quote:

Oh, so NOW they care about businesses violating labor laws and socializing costs in California?


Too funny isnt it. Actually I think they are saying the illegals are okay, we just want you to pay even more for the legal citizens you hire.

Im certain this will help the homeless citizens in Cali, wont add to that population will it????????
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 9/12/19 at 1:11 am to
I'm not sure that this is going to work. The employee versus independent contractor issue is a matter of IRS regulations and caselaw based on the internal revenue code. How someone is classified for tax purposes is strictly a matter of federal law.
Posted by PEPE
Member since Jun 2018
8198 posts
Posted on 9/12/19 at 1:39 am to
I hope all that libtard trash out there enjoy their $200 uber rides across town.
Posted by PEPE
Member since Jun 2018
8198 posts
Posted on 9/12/19 at 1:43 am to
quote:

The problem here is that business will relocate to place like Texas. The business will bring people from California to Texas. The new people in Texas will vote for the same people they put in office in California. The new politicians will turn places like Texas into California.


same shite happens in Florida. You have all these yankee liberal trash move down there to escape high taxes and these geniuses keep voting Democrat, voting for the same idiots who ruined the place they are fleeing.
Posted by TenWheelsForJesus
Member since Jan 2018
6498 posts
Posted on 9/12/19 at 7:21 am to
quote:

The employee versus independent contractor issue is a matter of IRS regulations and caselaw based on the internal revenue code. How someone is classified for tax purposes is strictly a matter of federal law.


This is correct. From what I have researched, independent contractors can't spend most of their time at the facility of the employer, and they can't be told how to do the job, only what needs to be done. As long as employers stick to the rules, there is nothing the state should be able to legally do. There are strict rules for employee vs contractor just as there are for exempt vs non-exempt employees.

If California wants to force ride-share providers (for example) to pay employees benefits, then those employees will lose the advantages of the job. They will not be able to choose their own schedule or refuse/accept jobs. They will have to do whatever the company tells them. The providers will have to pay hourly to keep drivers at the ready instead of only paying for the rides they provide. This will only cause people to lose their jobs.
Posted by dafif
Member since Jan 2019
5570 posts
Posted on 9/12/19 at 9:51 am to
Florida has a 9 part test to determine status as an independent contractor. I think similar to California. It is a purely legal test. I also think there have been lawsuits over this already.
Posted by TigerCoon
Member since Nov 2005
18861 posts
Posted on 9/12/19 at 10:18 am to
Once again, California lawmakers trying to empty the place.

Look out, Texas.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 9/13/19 at 7:27 am to
quote:

Florida has a 9 part test to determine status as an independent contractor.


That 9 part test comes directly from a Federal tax case.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71403 posts
Posted on 9/13/19 at 7:40 am to
quote:

Florida has a 9 part test to determine status as an independent contractor. I think similar to California. It is a purely legal test. I also think there have been lawsuits over this already.


Unless I'm mistaken, that's an IRS thing.
Posted by dafif
Member since Jan 2019
5570 posts
Posted on 9/18/19 at 9:44 pm to
It is a tax thing but has been cited and approved by Florida courts. I would have to go back and see if there are any differences. I know I wrote an independent contractor agreement for a client because of a lawsuit he had where the issue was whether the driver was an employee or contractor.

He got sued again later and told me that the lawyer defending him in that case said it was the best agreement he had ever seen.
Posted by the808bass
The Lou
Member since Oct 2012
111524 posts
Posted on 9/18/19 at 9:48 pm to
quote:

It sounds like the bill basically forces corporations to classify those 1099 independent contractors that they dictate rules of engagement to as they would to a W2 worker to actually classify them as a W2. Which may be one of the few good ideas Commiefornia has had.


Yeah. This is already the law of the land. So probably not.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98809 posts
Posted on 9/18/19 at 9:49 pm to
Would be awesome if Uber and Lyft pull up stakes and give the middle finger to Cali.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45761 posts
Posted on 9/18/19 at 10:10 pm to
I would like my employer to classify me as an independent contractor, then they couldn't prevent me from consulting with other companies on the side. I could double my pay within a month.
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