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Thread: California Law Unconstitutionally Discriminates Against Certain Workers

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    California Law Unconstitutionally Discriminates Against Certain Workers

    Guess, what, not only companies but workers are against CA's AB 5. But, why, when politicians and activists know better what's good for workers?

    California Law Unconstitutionally Discriminates Against Certain Workers, Argue Uber and Postmates

    Gig workers and companies are suing over a California law, AB 5, that criminalizes their continued employment.

    ...The ride-sharing and food delivery companies, joined by two individual workers, argue that the statute unconstitutionally discriminates against them and impermissibly hampers their economic liberty.

    California lawmakers passed AB 5 with the promise that this would lead companies like Uber and Postmates—along with any employer that relies heavily on independent contractors, freelancers, or consultants—to hire most workers as full-time employees and provide a range of benefits to their contingent workforces. (Well, that or go out of business, supposedly paving the way for their workers to find better jobs.) Companies and workers argued this would only lead to job cuts and, for those who remained, a loss of the flexibility and other things that drew them to freelance or gig work in the first place.

    We've already seen evidence that the companies and workers were right....

    "This civil rights lawsuit seeks to vindicate the constitutional rights to free speech, the press, and equal protection for the members of Plaintiffs American Society of Journalists and Authors and the National Press Photographers Association," the introduction to the freelancer lawsuit states.

    The Uber and Postmates lawsuit also alleges that AB5 is unconstitutional...

    ...Olson, Perez, Postmates, and Uber "bring this lawsuit to protect their constitutional rights and defend their fundamental liberty to pursue their chosen work as independent service providers and technology companies in the on-demand economy," the complaint states.

    ...Argue Uber et al.: "The right to work on one's own terms—as an independent service provider, rather than an employee—is one of those fundamental rights" that may not be expressly laid out in a constitutional amendment but which the Founding Fathers still intended to protect, as evidenced by the Ninth Amendment.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    Companies like Uber are not employers. You take an order or you don't. Nothing happens if you don't. More liberals hogwash.
    Liberals are a clear and present danger to our nation
    Pick your enemies carefully.






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    Quote Originally Posted by Chris View Post
    Guess, what, not only companies but workers are against CA's AB 5. But, why, when politicians and activists know better what's good for workers?

    California Law Unconstitutionally Discriminates Against Certain Workers, Argue Uber and Postmates
    "Joined by two individual workers" tells you everything you need to know.

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    Quote Originally Posted by jet57 View Post
    "Joined by two individual workers" tells you everything you need to know.
    Certainly far more data than you've managed to muster.

    It tells us government one-size-fits-all solutions do not work for all. Like those and these:

    But while drivers have their legitimate complaints, we meet many who see the flexibility and the lack of supervision as far superior to the factory or call-center work they'd previously done; who value Uber's cashless nature for leaving them less open to armed robbery than a previous gig; who find other options for their level of education just nowhere near as satisfactory; or who deeply appreciate that they end up with money to spend by the end of every shift. We meet a single mom whose kids have chronic health problems requiring attention at unpredictable times as well as recent immigrants from war-torn lands speaking of how Uber has added value to their lives they could find nowhere else.
    An Incomplete Map of Uberland
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    Quote Originally Posted by Chris View Post
    Certainly far more data than you've managed to muster.

    It tells us government one-size-fits-all solutions do not work for all. Like those and these:



    An Incomplete Map of Uberland
    Nope: what it tells you is that companies are fighting this tooth and nail and "people" are getting what they wanted.

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    Quote Originally Posted by jet57 View Post
    Nope: what it tells you is that companies are fighting this tooth and nail and "people" are getting what they wanted.
    And yet there are workers who do not want what you social justice crusaders tell them they need and they too are fighting your conceit.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    Quote Originally Posted by Chris View Post
    And yet there are workers who do not want what you social justice crusaders tell them they need and they too are fighting your conceit.
    That's nonsense Chris. What workers? Two guys that are company men? Uber, Amazon and lyft brought this on themselves, along with a host of other cheating employers who get away with murder by underpaying people. The uber drivers will eventually organize into a union. They must form an umbrella group that represents them for a year. each one on their own cannot do it.

    I think you better get with the times man. People all over this country are chomping at the bit to get their share; and they're now saying that Sanders might be the nominee...

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    Quote Originally Posted by jet57 View Post
    That's nonsense Chris. What workers? Two guys that are company men? Uber, Amazon and lyft brought this on themselves, along with a host of other cheating employers who get away with murder by underpaying people. The uber drivers will eventually organize into a union. They must form an umbrella group that represents them for a year. each one on their own cannot do it.

    I think you better get with the times man. People all over this country are chomping at the bit to get their share; and they're now saying that Sanders might be the nominee...
    Uber drivers? They will be autonomous cars inside the decade.
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    Quote Originally Posted by jet57 View Post
    That's nonsense Chris. What workers? Two guys that are company men? Uber, Amazon and lyft brought this on themselves, along with a host of other cheating employers who get away with murder by underpaying people. The uber drivers will eventually organize into a union. They must form an umbrella group that represents them for a year. each one on their own cannot do it.

    I think you better get with the times man. People all over this country are chomping at the bit to get their share; and they're now saying that Sanders might be the nominee...
    I've reported what workers. Your denial means nothing.

    I'm not against people getting what they be!ieve subjectively is their share in negotiation with others doing the same.

    What I'm against are those politicians and activists like you believing you know better what's good for them.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    Here's a report on more workers against the bill for someone above to deny their existence.

    As California Tries To Make Contract Workers Employees, Industries Push Back

    ...Drivers on all sides of the debate have weighed in. A group called Gig Workers Rising has mobilized drivers to demand better wages and the opportunity to collectively bargain. The group lobbied lawmakers to pass AB5.

    But others say they fear losing the flexibility that comes with setting their own hours as a contractor.

    "With this job, I have the freedom to work when I have time," says Alfonso Martinez, who drives for Uber in the Sacramento area. He says it allows him to balance the demands of being a father to school-aged children who have special needs.

    Industries such as trucking, journalism and those involved in the gig economy are pushing back by filing suit in federal court.

    But some companies are scrambling to figure out how to comply.

    In December, the sports website SB Nation announced it would terminate contracts with hundreds of freelancers in light of California's new labor law.

    Bradley Geiser and Will Griffith are a couple of those freelance writers. They've contributed interviews, commentary and reporting to the Sacramento Kings blog, Sactown Royalty, for the last five years.

    Geiser says writing for the blog isn't just about making some money on the side, it has also allowed him to raise his profile as a sports writer.

    "I don't think I would be where I am, trying to be a writer today, without the opportunity they gave me," he says.

    Vox Media, which owns SB Nation, did not respond to a request for comment. The company said it plans to replace the freelancers with a staff of full-time employees, but just how many remains unknown.

    The new law does provide a specific carveout for freelancers: They can contribute up to 35 submissions per year to a single outlet and still be considered contractors.

    But a lawsuit filed in federal court by journalism and photography associations argues the law violates the First Amendment.

    While the two Sacramento-area writers aren't involved in the lawsuit, Griffith says he supports it.

    "If you can't hold [Uber and Lyft's] feet to the flames, and [the law is] affecting people that it really wasn't supposed to affect, then something needs to be changed — and quick," he says.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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