A gig economy has its pros and cons. For anyone who has ever been an independent contractor, done freelance work, or worked for companies like Uber, Lyft, and DoorDash, the pros are clear – you get to work when you want, where you want and how much you want. Flexibility and gigs go hand in hand.
And the cons? Well, those are a little more complex. Without a W2 linking you directly to the company, you as an independent contractor don’t receive the same rights and perks that your 9-5 employee friends might. For example, your employer is not required to provide a healthcare option for you. You are also not entitled to earned time off or minimum wage.
So which is better?
The gig economy conundrum has made its way all the way to an appellate court in California last week. The ruling was that Uber and Lyft must classify their drivers as employees.
Back in May, Attorney General Xavier Becerra and city attorneys from L.A., San Diego and San Francisco brought forth a lawsuit that argues Uber and Lyft gain an unfair, unlawful competitive advantage by not classifying their workers as W2s.
Uber and Lyft responded to the suit, stating that if they were to reclassify their drivers as employees, their companies would be irreparably harmed – though the judge in last week’s ruling negated that claim, stating that neither company would suffer any “grave or irreparable harm by being prohibited from violating the law” and also that the financial burden of converting workers to employees “do[es] not rise to the level of irreparable harm.” Essentially, the judge called their BS.
Additionally, according to the judge, there is nothing that would prevent Uber and Lyft from offering flexibility and independence to their drivers – and they have had plenty of time to transition their drivers from independent contractors to employees (the gig worker bill that spurred this lawsuit was decided in 2018). Seems fair to me!
However, there is an oppositional proposition on the ballot that muddies the waters. Proposition 22, if passed, is a measure that would keep rideshare drivers and delivery workers classified as independent contractors, meaning that those workers from Uber and Lyft would be exempt from the new state law that classifies them as W-2 employees. And you might be surprised to know how many of the app-based rideshare workers are in favor of Prop 22!
In a class-action lawsuit, Uber has been accused of encouraging drivers and delivery workers to support Prop 22 via the company’s driver-scheduling app. It appears, unfortunately, that Uber is manipulating its workforce by wrongly hanging their jobs over their heads.
On this matter, Gig Workers Rising stated: “If Uber and Lyft are successful in passing Prop. 22 and undo the will of the people, they will inspire countless other corporations to adapt their business models and misclassify workers in order to further enrich the wealthy few at the expense of their workforce.”
Ultimately, the fate of California Uber and Lyft driver’s in still in question. It’s unclear if the question we should be asking is, will Lyft drivers have proper healthcare through their jobs or will they have jobs at all. All of this is occurring at a time where millions are jobless and 158,000 individuals sought unemployment support this week due to COVID-19 layoffs.
Personally, I have little sympathy for tech-giants that rake in billions off the backs of the exploited working-class. If the CEO of Uber is an ostentatious billionaire, then his employees should have health insurance. Clear and simple.
The scariest part of the gig economy is that workers have become increasingly happy to work for a company that gives them little to no benefits. More companies are dissolving or combining positions so that they can further bypass their responsibilities to their employees. Let us not be fooled: The dispute over whether or not to make Uber and Lyft workers W2 employees does not affect the health of the companies themselves. What it will affect is how fat the bonuses will be the big guys at the top, and that’s exactly why the companies are so adverse to the ruling. They’d rather their workers suffer than lose a single dime.
MIT report reveals serious flaws in US unemployment system
(BUSINESS NEWS) In the wake of COVID-19, the US unemployment system is floundering to cover all who need the aid but it comes with serious flaws.
Last week alone, nearly 1 million Americans filed for unemployment benefits. Now that it’s urgently needed, this safety net is full of holes, leaving many Americans in freefall.
A newspaper from the Massachusetts Institute of Technology has highlighted several of the critical weaknesses in our country’s unemployment social safety net.
The report outlines how benefits fall short in three major ways: Duration, eligibility, and payment amounts.
The historical purpose of the benefits system was to replace half of lost wages for 6 months while they looked for another job. (The MIT paper even suggests that a more appropriate “replacement rate” would be higher than that.)
As of 2018, unemployment payments only cover Americans for one-third of their lost wages on average.
The income caps for these benefits have stayed fixed while wages have increased over time. That’s bad enough without considering that wages haven’t nearly kept up with worker productivity in the US, meaning those caps haven’t kept up with the real worth of those workers at all.
Compared to other developed nations, the US has lagged behind in public benefits since well before the pandemic.
In 2014, the Organization for Economic Co-operation and Development compared the duration of unemployment payments around the world. Out of 34 developed countries, the US ranked 33rd— offering less than every country on the list but Hungary.
To quote the research brief for the paper: “Even aside from changes driven by technology and trade, employers’ increasing reliance on contract workers and on-demand scheduling rather than on permanent employees who work predictable schedules has added to the precariousness of many workers’ jobs.”
And those economically vulnerable groups who need the support most are more likely to have jobs that aren’t covered under federal unemployment eligibility.
This includes gig workers (thanks to prop 22), part time workers, and the self employed: People often work these jobs due to constraints like parenthood or disability.
The CARES Act, which passed in April, temporarily allowed certain groups who would usually be ineligible, like the self employed (who are poised to grow in numbers as the job shortage persists) to collect unemployment benefits.
But CARES and HEROES are going to end in December, taking the extensions to unemployment, the eviction moratorium and the COVID sick leave requirements with them.
And instead of extending them, Congress may soon be looking to cannibalize those programs and their unused funds for another round of corporate stimulus spending.
But if the coronavirus relief acts are allowed to expire, nearly 14 million Americans will lose the aid that they provide.
Tis the season for employment scams – here’s what to look out for
(BUSINESS NEWS) Fueled even further by COVID unemployment numbers, seasonal employment scams are back on the menu. Here’s how you can avoid them.
With the sheer amount of desperation people are feeling these days, it’s only fitting that employment scams would see a resurgence this holiday season. Thanks to the Better Business Bureau, there are some clear warning signs that can help you spot and avoid seasonal scams this year.
The typical crux of any employment scam revolves around a prospective employee’s willingness to pay for something upfront, be it training or some other kind of quasi-justifiable item (e.g., a uniform). However, other iterations of the scam actually involve an “employer” overpaying for something at the onset—albeit with a fake check—and then asking the recipient to wire “back” the extra money.
Either way, these scams can leave you jobless and with less money than you initially had, so here are some things for which you should watch out.
Firstly, employers shouldn’t ever charge you before hiring you. Some industries do require employees to make small purchases on their own dime (i.e., the aforementioned uniform), but payroll will usually deduct the cost of these materials from the employee’s first paycheck—not require payment upfront.
As a general rule, it’s probably best to avoid companies that charge you at all. Aramark, for example, is known for requiring employees to buy company clothes—and they’re no peach to work with. But desperate times may warrant an exception in this regard.
It’s also to your benefit to avoid postings that boast an “interview-free” experience. Put simply, no one is hiring sans an interview unless it’s nepotism or a scam. If you aren’t related to the poster, that doesn’t leave much up for interpretation. Similarly, advertising a large sum of money for disproportionately low amounts of work is a pretty big warning sign–again, in this economy, people aren’t shelling out for packing or wrapping jobs.
Finally, watch out for jobs that ask for a work sample before hiring. While this is common for internships, most entry-level positions aren’t going to require you to complete a project for free before determining whether or not you’re good for the job. At best, this is a tactic to get free work from you; at worst, your application information can be stolen.
It’s sad to think that people would stoop to the level of scamming others amidst the dumpster fire of a year it’s been, but if you avoid these red flags, you should be able to keep yourself safe during this holiday season.
DMCA and Twitch streaming, aka a mess of copyright
(BUSINESS NEWS) As live-streaming is booming in popularity, DMCA claims are becoming an existential problem for Twitch. And it’s streamers who bear the burden.
Last month hundreds of content creators on the streaming platform Twitch received DMCA takedown notices from their host at the same time, telling them that content on their channel was potentially in violation of copyright law.
Twitch has since summed up the incident in their own words on their blog. Typically, DMCA notices are supposed to provide the recipient with information about their options for submitting a counter-claim or seeking retraction. But, as the post admits, “the only option provided [to streamers] was a mass deletion tool for [their] clips, [and] we only gave [them] three days notice to use this tool.”
If they didn’t, they would risk losing their channel (and in many cases, their full time income.)
The videos in question could span thousands of hours of content, which could not realistically be deleted in the time allowed.
So, what you’re saying is all potentially copywritten music clips/VODS on my channel have already been identified and deleted, so I don’t need to delete anything right now?I need clarification because I don’t have the time to go through 4 years of clips.
Twitch has pretty much looked the other way from the unlicensed use of music on its user channels throughout its history. That’s generated more than a little resentment from groups like the Recording Industry Association of America in the past, and as the site only continues to grow, a massive wave of pressure from the labels has forced the site’s hand
The music industry wants Twitch to arrange for their streamers to use audio under the terms that websites like YouTube use. That includes a diligent Content ID system.
But instead, Twitch has built an in-house solution to this whole mess: Soundtrack, which offers a “rights-cleared music” from “independent artists.”
A spokesperson from Twitch supplied this statement to The Verge: “The music from Soundtrack is put into live streams and does not end up in VODs, and therefore we and our partners agree that sync licenses are not needed for Soundtrack.”
Not only that, but streamers still have a lot of questions about the new expectations on the site. In one case, a streamer had to completely stop their feed because their video was picking up music from an unrelated source.
Someone can even be flagged for playing a game that uses copyrighted music on-stream. Even playing a Star Wars game that makes use of the movie’s copyrighted soundtrack is a risky move. (After all, nobody wants to take any chances with Disney’s infamously aggressive legal team.)
In their apology, they expressed a desire to explore “potential approaches to additional licenses,” but said that “the current constructs for licenses that the record labels have with other services […] make less sense for Twitch.”
Securing a given song’s licensing rights is a pretty implausible task for a young streamer, since major copyright holders don’t generally negotiate on small-scale terms. Twitch, on the other hand, has been owned by Amazon since 2014. Amazon just happens to already be one of the biggest copyright holders in the world, and obtaining the rights to the songs that are in high demand shouldn’t be a prohibitive issue for one of their companies.
But ultimately this debacle isn’t solely their fault. The DMCA is an old law— old enough to drink, even. The people who wrote it could not have possibly accounted for the rapidly expanding new media industry. Under pressures like these, something has to give.
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