Podcasts about abc test

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the intriguing intersection of reality TV and employment law. Joined by Troutman Pepper Locke Labor and Employment Partner Richard Reibstein (author of the popular Independent Contractor Misclassification & Compliance blog), they explore the lawsuit alleging that contestants on the hit Netflix reality series Love Is Blind have been misclassified as independent contractors instead of employees — and the real-life implications for other production companies as well as companies in other industries. Tune in for an insightful discussion that ‎blends legal expertise with the drama of reality television.‎Troutman Pepper Locke's Labor + Employment Practice Group provides comprehensive thought leadership through various channels. We regularly issue advisories that offer timely insights into the evolving employment law landscape, and maintain the HiringToFiring.Law Blog, a resource spotlighting best practices for employers. Our Hiring to Firing Podcast, hosted by Tracey Diamond and Emily Schifter, delves into pressing labor and employment law topics, drawing unique parallels from pop culture, hit shows, and movies.

This week we're covering some of the exemptions from the ABC test for worker classification that will sunset for certain industries at the end of this year.

New federal reporting requirements meant to prevent money laundering will have a big impact on small businesses. We'll have what you need to know. Also, a long-running court case involving who is an employee and who is an independent contractor in trucking finally has been settled, nearly a decade and a half since it started. And it's been a rough start to the year for the spot market. We'll discuss how this past week went and find out what demand will look like as we move into the spring. 0:00 – Newscast  10:00 – What do new reporting requirements mean for your business? 24:52– New Jersey classification case finally settled 39:54 – A rough start for the 2024 spot market

In this fourth episode in our four-part series on the War on Independent Contractors, Karen Anderson, founder of Freelancers Against AB5—a Facebook group of more than 18,000 Californians impacted by the state's imposition of AB5 which contains the three-pronged ‘ABC Test'— returns to Labor Relations Radio, along with a panel of independent contractors who have been harmed by the law.As proverbial ‘canaries in the coal mine,' as the U.S. Department of Labor rolls out its 339-page final rule—which contains a vague six-factor test—on independent contractors, the panel consists of of freelance writers, musicians (including a concert cellist), a radio journalist, yoga instructor and independent film producer share their stories as a warning to the rest of America.* Related: AB5 Personal Stories — An Alphabetical Archive of Professionals Harmed by AB5To contact your representative in Congress, use this link at Congress.gov. and urge them to stop the War on Independent Contractors.Listen to the entire Labor Relations Radio series on the War on Independent Contractors:* Labor Relations Radio, E109—The War on Independent Contractors, Part I: Rep. Kevin Kiley* Labor Relations Radio, E110—The War on Independent Contractors, Part II: Freelancer Kim Kavin & Attorney Wilson Freeman* Labor Relations Radio, E111—The War on Independent Contractors, Part III: Economist Liya Palagashvili on the impact of California's AB5* Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.To listen to all Labor Relations Radio episodes, go here.LaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Karen Anderson and a panel of Californians impacted by the War on Independent Contractors share their stories.In this fourth episode in our four-part series on the War on Independent Contractors, Karen Anderson, founder of Freelancers Against AB5—a Facebook group of more than 18,000 Californians impacted by the state's imposition of AB5 which contains the three-pronged ‘ABC Test'— returns to Labor Relations Radio, along with a panel of independent contractors who have been harmed by the law.As proverbial ‘canaries in the coal mine,' as the U.S. Department of Labor rolls out its 339-page final rule—which contains a vague six-factor test—on independent contractors, the panel consists of of freelance writers, musicians (including a concert cellist), a radio journalist, yoga instructor and independent film producer share their stories as a warning to the rest of America.Related: AB5 Personal Stories — An Alphabetical Archive of Professionals Harmed by AB5To contact your representative in Congress, use this link at Congress.gov. and urge them to stop the War on Independent Contractors.Listen to the entire Labor Relations Radio series on the War on Independent Contractors:Labor Relations Radio, E109—The War on Independent Contractors, Part I: Rep. Kevin KileyLabor Relations Radio, E110—The War on Independent Contractors, Part II: Freelancer Kim Kavin & Attorney Wilson FreemanLabor Relations Radio, E111—The War on Independent Contractors, Part III: Economist Liya Palagashvili on the impact of California's AB5Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.To listen to all Labor Relations Radio episodes, go here.__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

A lawsuit now before an appeals court is challenging California's AB5 independent contractor law – and OOIDA is throwing its support behind the effort. Also, some truckers are expressing confusion and concerns about standard drug testing required in the industry. We'll clear that up with some help from CMCI, OOIDA's drug testing consortium. And a new bill in Wisconsin would tackle so-called “nuclear verdicts” in the trucking industry, while bills in two states deal with speed limiters and underride guards. 0:00 – Newscast  09:58 – OOIDA lends support to challenge to AB5 24:36 – Confusion about drug testing cleared up 39:21 – Wisconsin effort targets ‘nuclear verdicts'

In this episode, Liya Palagashvili, an economist and Senior Research Fellow at the Mercatus Center at George Mason University, returns to Labor Relations Radio to discuss the Mercatus Center's new study on California's War on Independent Contractors through AB5 and its ABC Test, and how the U.S. Department of Labor's six-factor final rule may impact America's workforce.Be sure to subscribe to Liya Palagashvili's Substack Labor Market Matters.Related:* Labor Market Matters: New Study on California AB5 and Implications for the Department of Labor's Independent Contractor Rule* Labor Market Matters: A Deep Dive into our Study on California's AB5* Mercatus Center: Assessing the Impact of Worker Reclassification: Employment Outcomes Post–California AB5* Labor Relations Radio, E109—The War on Independent Contractors, Part I: Rep. Kevin Kiley* Labor Relations Radio, E110—The War on Independent Contractors, Part II: Freelancer Kim Kavin & Attorney Wilson Freeman* Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.* To listen to all other episodes of Labor Relations Radio, go here.LaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

A new Mercatus Center study reveals the consequences of imposing the draconian ABC Test on California's independent contractors.In this episode, Liya Palagashvili, an economist and Senior Research Fellow at the Mercatus Center at George Mason University, returns to Labor Relations Radio to discuss the Mercatus Center's new study on California's War on Independent Contractors through AB5 and its ABC Test, and how the U.S. Department of Labor's six-factor final rule may impact America's workforce.Be sure to subscribe to Liya Palagashvili's Substack Labor Market Matters.Related:Labor Market Matters: New Study on California AB5 and Implications for the Department of Labor's Independent Contractor RuleLabor Market Matters: A Deep Dive into our Study on California's AB5Mercatus Center: Assessing the Impact of Worker Reclassification: Employment Outcomes Post–California AB5Labor Relations Radio, E109—The War on Independent Contractors, Part I: Rep. Kevin KileyExplainer: Top 10 Facts About the War on Independent Contractors in the U.S.Explainer: Top 10 Facts About the War on Independent Contractors in the U.S.To listen to all other episodes of Labor Relations Radio, go here.__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

The U.S. Department of Labor recently issued a final rule to define who is and is not an independent contractor. That rule has raised concerns among many independent contractors in trucking. So what does the rule say, and what does it mean? We'll have a rundown. Also, when it comes to factoring, you have to take a lot of things into account to ensure you keep yourself and your business safe. We'll have some advice. And what documents do you need in order to file your taxes? What are the actions you need to take so you're prepared when it comes time to fill out those forms? We'll explain. 0:00 – Newscast  10:07 – How to spot red flags in factoring 24:49 – What documents do you need to file taxes? 39:14 – The new independent contractor rule and how it affects you

The War on Independent Contractors is alive and well. Mike Hruby, President of New Jobs America joins Labor Relations Radio host Peter List to discuss the background of the War on Independent Contractors, as well as how the battlefront has moved into the states.New Jobs America advocates for freedom for individuals to choose to be their own boss, in federal and state law. New Jobs writes and promotes federal legislation allowing individuals to classify themselves as self-employed. As a non-profit, New Jobs researches and publishes original analyses measuring important factors that stimulate rapid job growth. NJA was founded in 2011 in Massachusetts, home of the current version of the ABC Test that restricts self-employment.* Learn more about New Jobs America here.* Go here for prior coverage on the War on Independent Contractors* Go here for all prior episodes of Labor Relations RadioLaborUnionNews.com and Labor Relations Radio are subscriber-supported. To receive new posts and support our work, please consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

The War on Independent Contractors is alive and well.Mike Hruby, President of New Jobs America joins Labor Relations Radio host Peter List to discuss the background of the War on Independent Contractors, as well as how the battlefront has moved into the states.New Jobs America advocates for freedom for individuals to choose to be their own boss, in federal and state law. New Jobs writes and promotes federal legislation allowing individuals to classify themselves as self-employed. As a non-profit, New Jobs researches and publishes original analyses measuring important factors that stimulate rapid job growth. NJA was founded in 2011 in Massachusetts, home of the current version of the ABC Test that restricts self-employment.Learn more about New Jobs America here.Go here for prior coverage on the War on Independent ContractorsGo here for all prior episodes of Labor Relations Radio__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

The Federal Court of Australia recently rejected the ABC's attempted use of the public interest defence in defamation proceedings brought by former special forces soldier Heston Russell. Here, we unpack the technicalities of the new defence and how it played out for the national broadcaster. Host Naomi Neilson is joined by Elit Lawyers by McGirr & Snell founder Robert McGirr to discuss what the new public interest defence to defamation is, what transpired in the recent Russell v ABC case, reflect on various submissions made by the parties during those proceedings, lessons learnt from this test case, and how this high-profile matter might impact upon defamation proceedings in Australia moving forward, if at all. If you like this episode, show your support by rating us or leaving a review on Apple Podcasts (The Lawyers Weekly Show) and by following Lawyers Weekly on social media: Facebook, Twitter and LinkedIn. If you have any questions about what you heard today, any topics of interest you have in mind, or if you'd like to lend your voice to the show, email editor@lawyersweekly.com.au for more insights!

Share this episode of Labor Relations Radio with your colleagues.Congressman Kevin Kiley (R-CA) has become one of the nation's leading defenders of independent contractors' right to earn a living.Recently, Representative Kiley chaired a subcommittee hearing to defend the rights of 60-70 million Americans who earn incomes as independent contractors. During that hearing, prior Labor Relations Radio guests Karen Andersen and Kim Kavin testified, as did the Mercatus Center's Dr. Liya Palagashvili on the ‘War on Independent Contractors.'In this episode of Labor Relations Radio, Congressman Kiley was able to discuss some of the issues surrounding California's AB5, the ‘ABC Test,' as well as Department of Labor's proposed six-part test on independent contractors.Related:* Kiley, Foxx Call Out Su's DOL For Unlawfully Ignoring Trump Rule* Labor Relations Radio, E71—Economist Dr. Liya Palagashvili on AB5, the PRO Act and the DOL's Rule on Independent Contractors* Labor Relations Radio, E70—Guest Kim Kavin on her Congressional Testimony on the "War On Independent Contractors"* Labor Labor Relations, Ep. 69—Karen Anderson on AB5, the havoc wreaked on California's gig economy & AB5's scandal-plagued union author* Labor Relations Radio, Ep. 39—Guest Kim Kavin on the US DOL's Proposed Anti-Independent Contractor RulesTo listen to all other episodes of Labor Relations Radio, go here. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

From California's AB5 and the 'ABC Test' to the Department of Labor's proposed Six-Part Rule on independent contractors, Congress Kiley breaks down the differences and similarities.Congressman Kevin Kiley (R-CA) has become one of the nation's leading defenders of independent contractors' right to earn a living.Recently, Representative Kiley chaired a subcommittee hearing to defend the rights of 60-70 million Americans who earn incomes as independent contractors.During that hearing, prior Labor Relations Radio guests Karen Andersen and Kim Kavin testified, as did the Mercatus Center's Dr. Liya Palagashvili on the ‘War on Independent Contractors.'In this episode of Labor Relations Radio, Congressman Kiley was able to discuss some of the issues surrounding California's AB5, the ‘ABC Test,' as well as Department of Labor's proposed six-part test on independent contractors.Related:Kiley, Foxx Call Out Su's DOL For Unlawfully Ignoring Trump RuleLabor Relations Radio, E71—Economist Dr. Liya Palagashvili on AB5, the PRO Act and the DOL's Rule on Independent ContractorsLabor Relations Radio, E70—Guest Kim Kavin on her Congressional Testimony on the "War On Independent Contractors"Labor Labor Relations, Ep. 69—Karen Anderson on AB5, the havoc wreaked on California's gig economy & AB5's scandal-plagued union authorLabor Relations Radio, Ep. 39—Guest Kim Kavin on the US DOL's Proposed Anti-Independent Contractor RulesTo listen to all other episodes of Labor Relations Radio, go here.__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

As a returning guest to Labor Relations Radio, Karen Anderson is a California-based freelance writers and founder of Freelancers Against AB5, a facebook group with more than 18,000 freelancers.As a leader in the fight against AB5 and its ‘ABC Test,' Ms. Anderson has catalogued the devastation California's law has had on hundreds of professions harmed by AB5.Recently, the 9th Circuit Court of Appeals issued a ‘scathing rebuke' of AB5's author, Lorena Gonzales who is now a powerful union leader in California and is also facing a separate scandal, along with her husband.In this episode of Labor Relations Radio, Ms. Anderson provides some context around the ‘ABC Test‘ in AB5, Ms. Gonzales' rebuke by the 9th Circuit, as well as how it relates to Julie Su (President Biden's current nominee to succeed Labor Secretary Marty Walsh) and the gig economy nationwide.Related:Alphabetical Archive of Professionals Harmed by AB59th Circuit issues scathing rebuke of Lorena GonzalezIt Turns Out Anti-Gig Economy Law AB 5 Was Tarnished by ‘Backroom Dealing'Labor Relations Radio, Ep. 56: The State of the Union, Marty Walsh's Exit & Who Is Julie Su?Labor Relations Radio Ep. 3: How to Crush 59 Million Americans' incomes with three simple letters: ABCHow California Musicians Got F'd (and Now Relief) Under AB5Go here for all prior episodes of Labor Relations Radio__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

Share this episode of Labor Relations Radio with your colleagues.As a returning guest to Labor Relations Radio, Karen Anderson is a California-based freelance writers and founder of Freelancers Against AB5, a facebook group with more than 18,000 freelancers.As a leader in the fight against AB5 and its ‘ABC Test,' Ms. Anderson has catalogued the devastation California's law has had on hundreds of professions harmed by AB5.Recently, the 9th Circuit Court of Appeals issued a ‘scathing rebuke' of AB5's author, Lorena Gonzales who is now a powerful union leader in California and is also facing a separate scandal, along with her husband.In this episode of Labor Relations Radio, Ms. Anderson provides some context around the ‘ABC Test‘ in AB5, Ms. Gonzales' rebuke by the 9th Circuit, as well as how it relates to Julie Su (President Biden's current nominee to succeed Labor Secretary Marty Walsh) and the gig economy nationwide.Related:* Alphabetical Archive of Professionals Harmed by AB5* 9th Circuit issues scathing rebuke of Lorena Gonzalez* It Turns Out Anti-Gig Economy Law AB 5 Was Tarnished by ‘Backroom Dealing'* Labor Relations Radio, Ep. 56: The State of the Union, Marty Walsh's Exit & Who Is Julie Su?* Labor Relations Radio Ep. 3: How to Crush 59 Million Americans' incomes with three simple letters: ABC* How California Musicians Got F'd (and Now Relief) Under AB5LaborUnionNews.com's Labor Relations Radio is a subscriber-supported podcast. To receive new posts and support our work, consider becoming a subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

Dan and Roshni share what to consider when classifying an employee using AB5's ABC test.   Host Contact information:   Roshni Patel, Consultant President of Thrive HR roshni@thrivehrc.com (661) 498-8472  Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP dklingenberger@lebeauthelen.com (661) 325-8962  Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company troy@lynncompany.com (661) 301-1247   Disclaimer: The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter's employer or firm

A is for Alpha but what are the others? See omnystudio.com/listener for privacy information.

Share this episode of Labor Relations Radio with your colleagues.Who will replace U.S. Labor Secretary Marty Walsh?As President Biden gave his State of the Union address on Tuesday night, one individual was conspicuously absent—U.S. Labor Secretary (and “designated survivor”) Marty Walsh.Walsh is reportedly going to be leaving the Biden administration to join the ‘One Percent' by taking a $3 million per year job as the Executive Director of the National Hockey League's Players Association.As Walsh will be (presumably) stepping down soon, the question of who will be is replacement becomes apparent.One likely candidate to replace Walsh is Deputy Secretary of Labor Julie A. Su, a controversial enforcer of California's devastating AB5, and opponent of the gig economy.In her role as Deputy Secretary, Su is (in part) responsible for the Department of Labor's attempt to redefine independent contractors to, as much as possible, emulate California's ‘ABC-Test'—which is encapsulated in AB5.With 39% of the U.S. workforce, or 60 million Americans, engaging in some type of freelance or gig work, California freelance writer and leader of Freelancers Against AB5 Karen Anderson joins host Peter List to give some background about Julie Su's abysmal record in California. RELATED:* Freelancers Against AB5* Upwork - Freelance Forward 2022* AB5 Personal Stories* Gig-Worker Bills and Laws: a Comprehensive Overview* The Devastating Impact of AB5 on People with Disabilities and Their Families* Labor Relations Radio, Ep. 39—Guest Kim Kavin on the US DOL's Proposed Anti-Independent Contractor Rules* Labor Relations Radio, Ep. 15—Guest Kim Kavin Gives An Update On The Fight For FreelancersYou can find prior episodes of Labor Relations Radio here.LaborUnionNews.com and Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

An anti-gig economy advocate may be the next U.S. Secretary of LaborAs President Biden gave his State of the Union address on Tuesday night, one individual was conspicuously absent—U.S. Labor Secretary (and “designated survivor”) Marty Walsh.Walsh is reportedly going to be leaving the Biden administration to join the ‘One Percent' by taking a $3 million per year job as the Executive Director of the National Hockey League's Players Association.As Walsh will be (presumably) stepping down soon, the question of who will be is replacement becomes apparent.One likely candidate to replace Walsh is Deputy Secretary of Labor Julie A. Su, a controversial enforcer of California's devastating AB5, and opponent of the gig economy.In her role as Deputy Secretary, Su is (in part) responsible for the Department of Labor's attempt to redefine independent contractors to, as much as possible, emulate California's ‘ABC-Test'—which is encapsulated in AB5.With 39% of the U.S. workforce, or 60 million Americans, engaging in some type of freelance or gig work, California freelance writer and leader of Freelancers Against AB5 Karen Anderson joins host Peter List to give some background about Julie Su's abysmal record in California.RELATED:Freelancers Against AB5Upwork - Freelance Forward 2022AB5 Personal StoriesGig-Worker Bills and Laws: a Comprehensive OverviewThe Devastating Impact of AB5 on People with Disabilities and Their FamiliesLabor Relations Radio, Ep. 39—Guest Kim Kavin on the US DOL's Proposed Anti-Independent Contractor RulesLabor Relations Radio, Ep. 15—Guest Kim Kavin Gives An Update On The Fight For FreelancersYou can find prior episodes of Labor Relations Radio here.__________________________LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, consider becoming a subscriber here.

The U.S. Court of Appeals for the Ninth Circuit reviewed a challenge to California's “ABC Test,” also referred to as Assembly Bill (AB) 5, which is California's test for whether a worker can be classified as an independent contractor.

Americans have until November 28th to submit comments on this important issue.Returning guest Kim Kavin is a full-time, freelance journalist and one of the co-founders of Fight for Freelancers USA.Albeit reluctantly, Ms. Kavin is one of the nation's most knowledgable individuals on how union-backed politicians and agency bureaucrats are attempting to outlaw independent contracting through legislative and regulatory fiat.In this episode of Labor Relations Radio, Ms. Kavin joins host Peter List to discuss and break down the Department of Labor's recently announced Proposed Rules for Independent Contractors, and how it appears to be similar to California's failed ‘ABC Test.'As there are 59 million Americans who participate in the ‘gig economy' as independent contractors, with the period for public comments closing on November 28, 2022, Ms. Kavin urges people who want to have a voice on this very important issue to go to the Federal Register and leave a comment (link here).Related articles:DOL independent contractor definition could pose problems for truck fleetsU.S. Labor Department Proposed Rule Threatens Independent Contractor Health, Financial StabilityRoth: Biden's plan to kill independent and gig workProposed DOL Independent Contractor Rule Would Stifle Worker Freedom

Returning guest Kim Kavin is a full-time, freelance journalist and one of the co-founders of Fight for Freelancers USA.Albeit reluctantly, Ms. Kavin is one of the nation's most knowledgeable individuals on how union-backed politicians and agency bureaucrats are attempting to outlaw independent contracting through legislative and regulatory fiat.In this episode of Labor Relations Radio, Ms. Kavin joins host Peter List to discuss and break down the Department of Labor's recently announced Proposed Rules for Independent Contractors, and how it appears to be similar to California's failed ‘ABC Test.'As there are 59 million Americans who participate in the ‘gig economy' as independent contractors, with the period for public comments closing on November 28, 2022, Ms. Kavin urges people who want to have a voice on this very important issue to go to the Federal Register and leave a comment (link here).Related articles:* DOL independent contractor definition could pose problems for truck fleets* U.S. Labor Department Proposed Rule Threatens Independent Contractor Health, Financial Stability* Roth: Biden's plan to kill independent and gig work* Proposed DOL Independent Contractor Rule Would Stifle Worker Freedom Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

You might be getting ready to hire, you might even have some contractors or employees working for you. Wherever you are in that process, you'll want to start laying the groundwork for this now and not just when you need it. It's important that you get it right—a wrong move can really land you in legal hot water. We'll talk about the difference between an independent contractor and an employee legally, how some of the different states define them, and the steps to find and hire an independent contractor who will stick with you. In this episode, you'll hear… 09:20 - Using the Common-Law Test to determine whether someone is an independent contractor or employee 16:27 - The ABC Test and how that is used 22:41 - How to hire a contractor 28:28 - What work for hire is 30:39 - My biggest tip for onboarding A special thank you to Linda Camacho for leaving a review on Apple Podcasts! She wrote: “I'm preparing to launch my creative coaching business in the next few months and am I ever glad I found this podcast before I actually did! I'm a literary agent, so as someone who deals with contracts in my day job, I thought it curious that there's barely any talk of the legalities of launching an online business, at least on the coaching side. I'm devouring these episodes like whoa and don't plan on stopping. Sam, keep doing the good work!" If you'd like a shoutout (and a chance to win a $20 gift card), just leave a review on Apple Podcasts and send a screenshot of it to me on Instagram via DMs! Click https://www.samvanderwielen.com/episode-64 (here) to find the full show notes and transcript for this episode. RESOURCES: Easy Email List Sign-Up: https://www.samvanderwielen.com/easy-emails/ (https://www.samvanderwielen.com/easy-emails/) https://www.samvanderwielen.com/shop/independent-contractor-agreement/ (DIY INDEPENDENT CONTRACTOR AGREEMENT TEMPLATE) https://app.hellosign.com/?ref=a30ef418&s=S (HelloSign) (Affiliate Link) https://www.irs.gov/forms-pubs/about-form-w-9 (W9 Form (IRS)) Cali IC / E test: https://www.dir.ca.gov/dlse/faq_independentcontractor.htm (Independent contractor versus employee) IRS Contractor or Employee Test: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee (Independent Contractor (Self-Employed) or Employee? | Internal Revenue Service) LEARN: Read https://www.samvanderwielen.com/blog/ (Sam's Blog) for the latest legal tips, podcast episodes & behind the scenes of building her seven-figure business. Listen to our https://www.samvanderwielen.com/customer-testimonials/ (customer stories) to see how getting legally legit has helped 1,000s of entrepreneurs grow their own businesses. CONNECT: Join the http://www.samvanderwielen.com/oyt-workshop (Free Legal Workshop) to learn how to get your business legally legit™️ today! Follow Sam on https://instagram.com/samvanderwielen (Instagram) for legal tips, business-building advice & daily food + Hudson pics Like us on https://facebook.com/samvanderwielenllc (Facebook) Follow my podcast, On Your Terms, on https://www.instagram.com/onyourtermspodcast/ (Instagram) so you catch all our episodes Subscribe and follow on all podcast platforms and activate notifications for new episodes https://podcasts.apple.com/us/podcast/on-your-terms/id1576423248 (Apple Podcasts) https://open.spotify.com/show/54rD5CEydcpUITq65RcM9M (Spotify) https://podcasts.google.com/feed/aHR0cHM6Ly9vbnlvdXJ0ZXJtcy5jYXB0aXZhdGUuZm0vcnNzZmVlZA (Google Podcasts) https://onyourterms.captivate.fm/listen (Captivate) https://www.youtube.com/channel/UCRvmhnGVaMbL7Jf3_MgfNiA (YouTube) FAV TOOLS: https://app.kajabi.com/r/fLP3TYLV/t/6lnttyqz (Kajabi) // use Kajabi to sell your course, program, or even build your entire website. Get a 30-day free trial with my link. https://checkout.samcart.com/referral/wYwf9Zq0/Rv6iUB54jhGTo7RM (SamCart) // what I use for my checkout pages and payment processing...

Despite an average win rate of more than two-thirds of all NLRB-conducted secret-ballot elections since the mid-2000s, unions and their allies continue try to effectively eliminate workers' right to vote in secret-ballot elections, as well as tilt the playing field to unions.Despite their repeated efforts over the last 15 years to legislatively institute the flawed process of unionization called “card check,” unions have, thus far, failed.However, now, unions are using the National Labor Relations Board (NLRB), as well as alternative bills like the COMPETES Act and amendments to the National Defense Authorization Act of 2022 to sneak card check in on a piecemeal basis.The Coalition for a Democratic Workplace (CDW), a coalition “composed of hundreds of organizations representing millions of businesses that employ tens of millions of workers nationwide in nearly every industry,” has been opposing elimination of secret-ballot election (via card check) since 2005 and now focuses on “regulatory overreach” by the NLRB.In this episode of Labor Relations Radio, Ed Egee, who chairs the CDW's lobbying committee and is vice president of government relations and workforce development at the National Retail Federation, joins host Peter List to discuss a number of developments in Washington, D.C. and elsewhere.Those developments include a new CDW report on unions' “latest attempt to workers' right to secret ballots” through online voting, the CDW letter opposing an amendment in the National Defense Authorization Act of 2022 that “would eliminate workers' right to secret ballots in union representation elections, as well as attempts to eviscerate the “gig economy” and the independent contractor model through the so-called ‘ABC Test.'Related Reading:CDW Issues Report on the Dangers of Online Voting in Union Representation ElectionsCDW Sends Letter to House Opposing Radical Labor Provisions in NDAANLRB General Counsel Wants to Throw out Decades of Labor Law Precedent to Tip Scales in Favor of Unions#laborrelations #humanresources 

Share LaborUnionNews.com's Labor Relations Radio with your colleagues.Despite an average win rate of more than two-thirds of all NLRB-conducted secret-ballot elections since the mid-2000s, unions and their allies continue try to effectively eliminate workers’ right to vote in secret-ballot elections, as well as tilt the playing field to unions.Despite their repeated efforts over the last 15 years to legislatively institute the flawed process of unionization called “card check,” unions have, thus far, failed.However, now, unions are using the National Labor Relations Board (NLRB), as well as alternative bills like the COMPETES Act and amendments to the National Defense Authorization Act of 2022 to sneak card check in on a piecemeal basis.The Coalition for a Democratic Workplace (CDW), a coalition “composed of hundreds of organizations representing millions of businesses that employ tens of millions of workers nationwide in nearly every industry,” has been opposing elimination of secret-ballot election (via card check) since 2005 and now focuses on “regulatory overreach” by the NLRB.In this episode of Labor Relations Radio, Ed Egee, who chairs the CDW’s lobbying committee and is vice president of government relations and workforce development at the National Retail Federation, joins host Peter List to discuss a number of developments in Washington, D.C. and elsewhere.Those developments include a new CDW report on unions’ “latest attempt to workers’ right to secret ballots” through online voting, the CDW letter opposing an amendment in the National Defense Authorization Act of 2022 that “would eliminate workers’ right to secret ballots in union representation elections, as well as attempts to eviscerate the “gig economy” and the independent contractor model through the so-called ‘ABC Test.’Related Reading:CDW Issues Report on the Dangers of Online Voting in Union Representation ElectionsCDW Sends Letter to House Opposing Radical Labor Provisions in NDAANLRB General Counsel Wants to Throw out Decades of Labor Law Precedent to Tip Scales in Favor of UnionsGo here for past episodes of Labor Relations RadioLaborUnionNews.com's News Digest and its podcast Labor Relations Radio, is a reader-supported publication. To support our work, consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

This week I am very happy to have Mike Hruby back on the show to discuss the state of Independent Contractors in this country: The Gig App Platforms (Prop22). Lorena Gonzales & Veena Dubal. 70,000 California Owner/Operator Truck Drivers Can't Work. The unions have not calculated the current events into their NO Freelancing Bills. Impact of enraging 60 million people by taking jobs, income, & investments. West Virginia vs. EPA: The Supreme Court Ruling "Be My Own Boss" Federal Legislation & clear and easy solution to determining if you are a true Independent Contractor (*MAKE SURE to check out: https://newjobsamerica.com .:: Contact Mike Hruby ::. Twitter: https://twitter.com/venturemike1 Website: https://www.newjobsamerica.com ************** .:: BECOME A PATREON MEMBER AND HELP SUPPORT OUR CREATIVE CONTENT ::. https://www.patreon.com/RideshareRodeo CHECK OUT SOLO: https://worksolo.onelink.me/7Viq/RideshareRodeo CHECK OUT Moves Financial: https://link.movesfinancial.com/rodeo .:: DOWNLOAD MAXYMO, DUH, FLEXALERT ::. https://middletontech.com/our-app.html?source=uber-lyft-drivers .:: Rideshare Rodeo Links ::. Podcast: https://ridesharerodeo.com YouTube: https://www.youtube.com/c/RideshareRo... Twitter: https://twitter.com/RideshareRodeo FaceBook: https://www.facebook.com/groups/61412... .:: ULD: Gig Economy News Website ::. Website: https://uberlyftdrivers.com Twitter: https://twitter.com/uberlyftdrivers ********** Sign up to drive for Curri: https://drivecurri.app.link/fom2uFMcCib Sign up for Para: https://withpara.app.link/RODEO Sign up for Dumpling using promo code RODEO2022 and when you complete 8 shops in 90 days you will receive and $200 bonus: https://dumpling.us/business DISPLAY RIDE DASHCAM, NO UPFRONT COST, ENTER PROMO CODE "STEVE" $20/month: https://www.displayride.com/driver-solution/ Get a FREE BUCKLE Gig Worker Insurance bid: https://mbsy.co/buckle/129202583 Check out our sister Gig Economy Podcast: https://gigeconomyshow.com

The so-called gig economy is subject to a great deal of uncertainty in the labor and employment law context.  The key issue is whether workers are properly classified as employees and subject to various labor and employment laws or whether they are independent contractors with a lot of flexibility but far less legal protection.  This is not a new issue but the prevalence  and popularity of gig economy businesses  like Uber, Lyft, DoorDash and others have brought the issue into the spotlight. The traditional test for independent contractor status is multifactored and focuses on the issue of the hiring party's control over the worker.  In 2019, California passed a law adopting the "ABC Test," a simple test that classifies almost every worker as an employee.  The legal battle over that law in California remains unresolved but the same ABC Test is in the federal PRO Act, which has passed the House but not the Senate.  If it passes, the gig economy may not survive and independent contractors may no longer be an option for many businesses.  What can employers do in  the midst of all this uncertainty?  Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.comMusic :Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

The so-called “gig economy” encompasses hundreds (perhaps thousands) of professions and 59 million Americans and is growing.However, because independent contractors (aka “freelancers” or “gig workers”) are not “employees” under National Labor Relations Act and cannot be unionized, unions and their political allies are trying to kill the gig economy at the state-by-state level, as well as at the federal level through the “PRO Act” by enacting a draconian measure called the ‘ABC Test.’Since first covering this issue on Labor Relations Radio back in February, there has been a lot of things happening across the country in the fight to save the gig economy and freelancers’ and gig workers’ ability to work.In this episode of Labor Relations Radio, Kim Kavin, one of the leaders of the grassroots group Fight for Freelancers USA, returns to the podcast and shares updates, as well as clarifies some of the issues around the fight to save the gig economy.Related Links:Labor Relations Radio Ep. 3: How to Crush 59 Million Americans' incomes with three simple letters: ABCFollow Kim Kavin on TwitterFight For Freelancers USAFight For Freelancers Files Amicus Brief with National Labor Relations BoardFreelancers Against AB5—AB5 Personal StoriesCalifornia Supreme Court Dramatically Reshapes California Worker Classification LawsThe ABC TestUnder the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.Share this episode of Labor Relations Radio with your colleagues.Subscribe and listen to Labor Relations Radio on these podcast platforms:Amazon MusicApple PodcastsBuzzsproutGoogle PodcastsSpotifyMore…LaborUnionNews.com's News Digest and Labor Relations Radio is a reader-supported publication. To receive new posts, podcasts and to support our work, please consider becoming a paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

The so-called “gig economy” encompasses hundreds (perhaps thousands) of professions and 59 million Americans and is growing.However, because independent contractors (aka “freelancers” or “gig workers”) are not “employees” under National Labor Relations Act and cannot be unionized, unions and their political allies are trying to kill the gig economy at the state-by-state level, as well as at the federal level through the “PRO Act” by enacting a draconian measure called the ‘ABC Test.'Since first covering this issue on Labor Relations Radio back in February, there has been a lot of things happening across the country in the fight to save the gig economy and freelancers' and gig workers' ability to work.In this episode of Labor Relations Radio, Kim Kavin, one of the leaders of the grassroots group Fight for Freelancers USA, returns to the podcast and shares updates, as well as clarifies some of the issues around the fight to save the gig economy.Related Links:Labor Relations Radio Ep. 3: How to Crush 59 Million Americans' incomes with three simple letters: ABCFollow Kim Kavin on TwitterFight For Freelancers USAFight For Freelancers Files Amicus Brief with National Labor Relations BoardFreelancers Against AB5—AB5 Personal StoriesCalifornia Supreme Court Dramatically Reshapes California Worker Classification LawsThe ABC TestUnder the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;(B) that the worker performs work that is outside the usual course of the hiring entity's business; and(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

In this episode John talks about the requirements of a 1099 independent contractor and how the courts apply the ABC test. FOLLOW JOHN at instagram.com/businesswisepodcast and email any questions or topics you would like discussed to businesswisepodcast@gmail.com

On today's episode of the podcast, I discuss state-by-state independent contractor laws. This week I announced the launch of my new offer. I've restructured my signature program, Profit Rx, so you can join the membership for just $30/month and get access to basically everything I've ever created about taxes, profit, business entities, legal protection, contracts, and more. Get access to all of these templates, resources, and trainings for just $30/month before the price goes up next week. Wedding pros, this week only you can get access to Renee Dalo's Profitable Pro Bundle, which includes 2 free months of my Profit Rx membership along with 19 other incredible resources for wedding professionals to make your business even more profitable, for just $97. Access to this bundle ends tomorrow so get yours today. This is not an A to Z guide to hiring, that would be a law school-sized text book. I am focusing on areas of concern, review AB5, and giving you info on how to look into your contractor laws on a state-by-state basis. The question is, can someone be a contractor or must they be an employee? I use the term “worker” to refer to someone in an undefined role as we determine if they are an employee or a contractor. It's important to refer to people correctly, for example if they are a contractor, it's important to never call them an employee if they are not as that can lead to misclassification and problems for you down the line. When it comes to worker classification, our areas of concern are unemployment insurance, workers comp insurance, wage and hour laws, and civil rights. Unemployement Insurance - Employers pay into unemployment insurance. Employers send money to the state on your behalf towards unemployment insurance. Worker's comp Insurance - This is a private insurance. This steps in if your employee is injured on the job. Wage & Hour Laws - This covers minimum wage laws by state, overtime, meal breaks, etc. Think of what you would see on a labor law poster in a breakroom. Civil rights - This includes protection from discriminatory hiring. Different states have different rules to determin0 eif someone is an employee or a contractor under these different rules. AB5 is a California law but is useful to those not in California. This goes back to a 2018 court case where truckers were reclassified from employees to contractors and said they should be treated as employees. As a result, California came out with the ABC test to determine when someone would be a contractor or an employee for wage and hour laws. A year later, legislature passed AB5 which codified the ABC test and expanded it to all areas of employment code, not just wage and hour. Check out my previous podcast episode on AB5 and my AB5 blog post for more details. The penalties are huge for people who misclassify employees and legal action will be taken against you so it's important to really understand the classifications in your state. Taxes are also another aspect where the classification of contractor versus employee comes into play because the employer is responsible for paying part of your employee's taxes and sending that withheld tax money to the IRS. The IRS has a 3 category totality of the circumstances test to identify if they need an employer or a contractor. Category 1 is behavioral, 2 is financial, and 3, type of relationship. Our second test is the ABC Test. A says the worker must be free from the control and direction of the hirer. B says the worker must perform work that is outside the usual course of the hiring entity's business and C says the worker must be engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity. Some states take parts and pieces of this ABC test, I call them Modified ABC Test states. Some use an A + B or C Test, where the worker must meet part A and also either B or C and some states use an A & C Test where the worker must meet parts A and C. Your goal is to find what test is applicable in your home state and in each state where you have contractors or employees. About 33 states have some version of the ABC test - either ABC, or a modified version applied to certain categories of employment laws. It's important to find your answer on a .gov website.

Today I am happy to have Ron Walter (EntreCourier.com), back on the show.  We are going to discuss a Colorado ruling that could have a major effect on the Gig Economy. .:: TOPICS COVERED ::. 00:00:00 Introduction. 00:01:15 How this Doordash situation started. 00:04:00 Colorado Department of Labor & Employment (CDLE) Ruling. 00:06:45 The “ABC” Test. 00:12:30 “We are NOT a food delivery company” -Doordash. 00:17:30 Notifying “Dashers” they are not taking enough orders. 00:23:00 Doordash had no response to questions regarding “Acceptance Rate”. 00:29:30 Why didn't DoorDash just pay the $227? 00:35:00 3rd party insurance. 00:40:00 Will this impact the gig economy? 00:50:00 Why do people think these gig companies could/would handle W2 employees? 00:54:00 What is to stop Colorado Doordash Dashers from doing this? 01:00:00 Comparison to California AB5. 01:05:00 Concerns on the National level. 01:10:00 Kim Kavin the I.C. rock star. 01:14:00 How could this effect “unemployment”? 01:20:00 Outro. .:: Links ::. Colorado Independent Drivers United: https://cidu-cwa7777.org/news/cidu-newsletter-no-4/ Colorado Department Of Labor Standards & Statistics Wage & Hour Citation: https://drive.google.com/file/d/1nrugPZAZU2soYh-nSxAUzumHYxTlSjW9/view Colorado Department of Labor & Employment: https://cdle.colorado.gov/decisions-appeals-resources-faqs DoorDash Class Action Lawsuit (specific to Massachusetts and Illinois law): https://www.classlawgroup.com/employment/doordash-driver-class-action-lawsuit/ .:: BECOME A PATREON MEMBER AND HELP SUPPORT OUR CREATIVE CONTENT ::. https://www.patreon.com/RideshareRodeo .:: Sponsored by Middleton Tech ::. https://middletontech.com/our-app.html  

From the PRO Act's 'ABC Test' to Joint Employer and Build Back Better, National Federation of Independent Business' Jeff Brabant shares the small business perspective.Small businesses fuel America's economy and are under assault.In 2020, before pandemic lockdowns, there were 31.7 million small businesses across the United States—from the single, self-employed entrepreneur to small businesses with less than 100 employees, according to the Small Business Administration.Combined, they have 60.6 million employees—or 47% of the private-sector workforce.5.2 million of those small businesses are either minority owned, or self-employed minorities.A lot of the major companies we see today started out as small business—from Amazon to Apple to Nike, Walmart and WholeFood.The National Federation of Independent Business is the nation's leading voice for America's small businesses.In this episode of Labor Relations Radio, Jeff Brabant, NFIB's Senior Manager of Government Relations shares the small business perspective on a host of issues, including Build Back Better, the ‘ABC Test' affecting Independent Contractors, the PRO Act, as well as Joint Employer issues.Related links:National Federation of Independent BusinessNFIB Files Amicus Brief on NLRB Effort to Change Independent Contractor RulesNew NFIB Survey: Inflation Continues Impact on Small BusinessesThe Three Biggest Issues with the PRO Act

Small businesses fuel America’s economy and are under assault.In 2020, before pandemic lockdowns, there were 31.7 million small businesses across the United States—from the single, self-employed entrepreneur to small businesses with less than 100 employees, according to the Small Business Administration.Combined, they have 60.6 million employees—or 47% of the private-sector workforce.5.2 million of those small businesses are either minority owned, or self-employed minorities.A lot of the major companies we see today started out as small business—from Amazon to Apple to Nike, Walmart and WholeFood.The National Federation of Independent Business is the nation’s leading voice for America’s small businesses.In this episode of Labor Relations Radio, Jeff Brabant, NFIB’s Senior Manager of Government Relations shares the small business perspective on a host of issues, including Build Back Better, the ‘ABC Test’ affecting Independent Contractors, the PRO Act, as well as Joint Employer issues.Related links:National Federation of Independent BusinessNFIB Files Amicus Brief on NLRB Effort to Change Independent Contractor RulesNew NFIB Survey: Inflation Continues Impact on Small BusinessesThe Three Biggest Issues with the PRO ActLaborUnionNews.com's News Digest is a reader-supported publication. To receive new posts and support our work, please consider becoming a free or paid subscriber. Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

With union membership down to 10.3 percent of the American workforce—or 14 million workers—and 59 million workers who are independent contractors (aka ‘freelancers' or ‘gig workers') who are not unionized, unions and their allies in state and federal government are attacking the “gig economy.”What began in California as a law called ‘AB5' to push a concept called the ABC Test—which has had catastrophic consequences on tens of thousands of people—has expanded nationally into the currently-stalled PRO-Act and, now, the National Labor Relations Board is looking to implement the ABC Test to define what constitutes an independent contractor vs. an “employee” for the purpose of unionization.On this episode of Labor Relations Radio, host Peter List discussed the ramifications of the ABC Test with two individuals on the front lines in the battle to try to stop it.Kim Kavin and Lisa Rothstein are both freelancers—one in New Jersey, the other in California—who, along with others, have been leading a grassroots effort to raise awareness to the ABC Test.Kim is one of the leaders of FightForFreelancers USA, and Lisa has been involved with Freelancers Against AB5 since the beginning.LinksThe ABC TestUnder the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;(B) that the worker performs work that is outside the usual course of the hiring entity's business; and(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.Fight For Freelancers USAFight For Freelancers Files Amicus Brief with National Labor Relations BoardFreelancers Against AB5—AB5 Personal StoriesCalifornia Supreme Court Dramatically Reshapes California Worker Classification LawsCalifornia Supreme Court Rules Dynamex ABC Test is RetroactiveNLRB Invites Briefs Regarding Independent Contractor StandardBureau of Labor Statistics — Union Membership Summary

With union membership down to 10.3 percent of the American workforce—or 14 million workers—and 59 million workers who are independent contractors (aka ‘freelancers’ or ‘gig workers’) who are not unionized, unions and their allies in state and federal government are attacking the “gig economy.”What began in California as a law called ‘AB5’ to push a concept called the ABC Test—which has had catastrophic consequences on tens of thousands of people—has expanded nationally into the currently-stalled PRO-Act and, now, the National Labor Relations Board is looking to implement the ABC Test to define what constitutes an independent contractor vs. an “employee” for the purpose of unionization.On this episode of Labor Relations Radio, host Peter List discussed the ramifications of the ABC Test with two individuals on the front lines in the battle to try to stop it.Kim Kavin and Lisa Rothstein are both freelancers—one in New Jersey, the other in California—who, along with others, have been leading a grassroots effort to raise awareness to the ABC Test.Kim is one of the leaders of FightForFreelancers USA, and Lisa has been involved with Freelancers Against AB5 since the beginning.LinksThe ABC TestUnder the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.Fight For Freelancers USAFight For Freelancers Files Amicus Brief with National Labor Relations BoardFreelancers Against AB5—AB5 Personal StoriesCalifornia Supreme Court Dramatically Reshapes California Worker Classification LawsCalifornia Supreme Court Rules Dynamex ABC Test is RetroactiveNLRB Invites Briefs Regarding Independent Contractor StandardBureau of Labor Statistics — Union Membership Summary Get full access to LaborUnionNews.com's News Digest at laborunionnews.substack.com/subscribe

In this episode, Jen dispels several independent contractor myths, explains how to evaluate independent contractor status under the “ABC Test” recognized by the California Supreme Court in the 2018 Dynamex decision and in AB 5, and reminds employers of the substantial liability associated with misclassification of employees as contractors/consultants.

Uber Lyft Drivers and Gig Economy Workers Weekly News & Interviews:   This week I have Veena Dubal on the podcast.  Veena is the Law Professor at University of California Hastings.  She also is a big piece of the California AB5 movement, as well as, an advocate against California Proposal 22.  We covered: 1.       Veena's background and what brought her to the fight for AB5. 2.       The Taxi industry post 9/11. 3.       Law School, Dissertation on ‘A Century Worth of Taxi Worker Organizing'. 4.       2013: learned about ‘for transportation' vehicles picking up people at hotels. 5.       2014: California created “Transportation Network Company”. 6.       2014: Taxi Medallions in both San Francisco and New York City became worthless in such a short time. 7.       Dynamex decision brought on AB5 in California. 8.       Control Test > IRS Test > Borrello Test > ABC Test. 9.       ABC Test has been used for years, in over 20 states to determine whether or not people qualified for unemployment. 10.   Lorena Gonzales moved to have the ABC Test in California not only apply to ‘Unemployment', but for ‘employee' status as well. 11.   The Traditional Independent Contractors and California AB5, carve-outs, and those who never got carve-outs. 12.   California Prop 22: The money spent on the proposal, the passing of Prop 22, the fight that Prop 22 now faces in the state for breaking the ‘California Constitution'. 13.   Proposition 22 was intended to allow app-based on-demand workers/drivers to remain Independent Contractors and other platform worker incentives. 14.   My NEED to be an Independent Contractor, and how can I remain one? 15.   The NEED for ‘Flexibility' on these platforms. 16.   Taxi Union structure of the past. 17.   Limiting the amount of workers on the platform. 18.   How market-to-market growth affects each city. 19.   Massachusetts Bill h.1234 (mirrors California Prop 22). 20.   Will other states start following the fight that draws in ‘The Coalition For Workers' to other states, because they see the amount of money being used to fight Prop 22 in California and Massachusetts. Ready... Set... Rodeo!!!!! Thanks to Veena for coming on the podcast, and agreeing to come back on to finish up our discussion. Rideshare Rodeo is sponsored by Curri (( Drive for Curri )) November 2nd on the podcast will will have a panel of Curri Drivers from different markets, using different vehicles, performing different tasks, experiences, and anything else they want to share! Curri Links: Curri website Curri Twitter Curri Facebook Curri Instagram Curri LinkedIn Sponsored by Curri (( Drive for Curri ))

Uber Lyft Drivers and Gig Economy Workers Weekly News & Interviews [Weekend Bonus Episode]: This weeks bonus podcast is a little different than usual.  I interviewed Felix a.k.a.  Mr.Flex YouTube Creator.   I am figuring out when this interview will drop, either this weekend or next weekend.   The reason for the change is..... About a month ago, Ron (EntreCourier.com) had me on his podcast to discuss 'ProAct', and a little 'AB5', 'Prop22'.   After we recorded, Ron said, you should post this on Rideshare Rodeo podcast too.   We let about a month go by between the two podcast drops.   In this Ron is interviewing me.  The timing of this content is perfect, since in just a couple weeks I will be having Veena Dubal on the podcast. Thank you to our sponsor Curri! Sign up to drive Curri HERE IS THE BREAKDOWN OF OUR INTERVIEW: The government has been busy lately trying to get things pushed through. We've seen in the past few days the Infrastructure bill and Budget Reconciliation stuff go through the Senate. One of the things that's been a priority for Democrats has been the PRO Act. Protecting the Right to Organize. One of the things the act does is implement the ABC test that was the heart of California's AB5, and the ABC test would then determine classification of employee verses independent contractor for purposes of labor laws.  If it's passed and stands up to court challenges, PRO Act could force Doordash, Uber, Grubhub, Lyft and other gig companies to hire employees rather than employees. Steve Johnson of UberLyftDrivers.com joins us to talk about employment, being an independent contractor, the repercussions of being an employee, and whether Pro Act has a chance of passing. Steve has had several guests on his Rideshare Rodeo podcast and shares insights he's gained from his many conversations on the topic.   Additional reading on PRO Act AB5 and Prop 22: A listing of articles about California's AB5 which implemented the ABC Test, and about Prop 22, the ballot initiative that exempted gig platforms from AB5. What is PRO Act?Driver App London is a blog by Mourad, a frequent guest on Steve's podcast. Later in the episode Steve talks about how some places in Europe are a step ahead of where they are in the US including an app worker designation. The following was the general outline we attempted to follow. Things may have gone a little out of order here and there. Introductions: Steve talks about his gig economy background, how his website and podcast got started, and then talks about the different guests he's had on his podcast to talk about PRO Act (guests both in favor of and against the legislation). Employment verses Independent Contractors Why is this even important? What is there to lose if we are employees? What is PRO Act and how does that impact things? What is the ABC test from California's AB5 and that is now part of PRO Act? How does that compare to the current IRS test Doordash, Uber, Lyft, Grubhub and others as bad actors Part of the problem does lie in the way gig companies treat their contractors. Is there exploitation of the independent contractor model by these companies? How do their actions contribute to how some want to force a change? Can PRO Act be passed into law? PRO Act is stalled right now. Does that mean that it's safe? What kind of things can lead to it passing? Is there a better alternative? Is forcing gig companies to hire employees the only answer? Is there a better way to handle the bad acting of gig companies?  Ready... Set... Rodeo!!!!! Via~~~~> https://entrecourier.com/ ****** Thank you to our sponsor Curri! Sign up to drive Curri Curri links: Curri website: https://www.curri.com/ Curri Twitter: https://twitter.com/curri Curri Facebook: https://www.facebook.com/login/?next=... Curri Instagram: https://www.instagram.com/teamcurri/ Curri LinkedIn: https://www.linkedin.com/company/1875...  

The landscape is changing for freelancers. How do we navigate successfully? I share an update about the ABC Test that's in California's AB5 law and it's big brother, the PRO Act which has passed in the House of Representatives and is being considered in the Senate, and how freelancers have been and can be adversely affected by new labor laws. To maintain your independence, develop your business skills. I created Freelance Road Trip to teach you how to earn your living from your creative work.

The government has been busy lately trying to get things pushed through. We've seen in the past few days the Infrastructure bill and Budget Reconciliation stuff go through the Senate. One of the things that's been a priority for Democrats has been the PRO Act. Protecting the Right to Organize. One of the things the act does is implement the ABC test that was the heart of California's AB5, and the ABC test would then determine classification of employee verses independent contractor for purposes of labor laws.  If it's passed and stands up to court challenges, PRO Act could force Doordash, Uber, Grubhub, Lyft and other gig companies to hire employees rather than employees. Steve Johnson of UberLyftDrivers.com joins us to talk about employment, being an independent contractor, the repercussions of being an employee, and whether Pro Act has a chance of passing. Steve has had several guests on his Rideshare Rodeo podcast and shares insights he's gained from his many conversations on the topic. Additional reading on PRO ActAB5 and Prop 22: A listing of articles about California's AB5 which implemented the ABC Test, and about Prop 22, the ballot initiative that exempted gig platforms from AB5.What is PRO Act? Driver App London is a blog by Mourad, a frequent guest on Steve's podcast. Later in the episode Steve talks about how some places in Europe are a step ahead of where they are in the US including an app worker designation. What we talk about in today's episode:The following was the general outline we attempted to follow. Things may have gone a little out of order here and there.Introductions: Steve talks about his gig economy background, how his website and podcast got started, and then talks about the different guests he's had on his podcast to talk about PRO Act (guests both in favor of and against the legislation).Employment verses Independent ContractorsWhy is this even important? What is there to lose if we are employees? What is PRO Act and how does that impact things?What is the ABC test from California's AB5 and that is now part of PRO Act? How does that compare to the current IRS testDoordash, Uber, Lyft, Grubhub and others as bad actorsPart of the problem does lie in the way gig companies treat their contractors. Is there exploitation of the independent contractor model by these companies? How do their actions contribute to how some want to force a change?Can PRO Act be passed into law?PRO Act is stalled right now. Does that mean that it's safe? What kind of things can lead to it passing?Is there a better alternative?Is forcing gig companies to hire employees the only answer? Is there a better way to handle the bad acting of gig companies?   More about the EntreCourierVisit Entrecourier.comOur Podcast page is at DeliverOnYourBusiness.comFollow us on FacebookFolow us on TwitterConnect with us on LinkedinFollow us on Instagram

With California's passage of AB5, union-backed politicians took aim at companies like Uber and Lyft--and missed...Now, though, the 57 million Americans who make up America's 'gig economy' may ultimately pay the price with the poisonous PRO Act. Following a listener's question about the onerous 'ABC Test' contained in the poisonous PRO Act, Union Free Radio host Peter List takes listeners on a deep-dive of what the ABC Test is, and how it could devastate the 57 million Americans who comprise the 'gig economy.' Click here for past episodes of Union Free Radio. Articles cited in this episode (and other resources): Union Free Radio, Ep. 1: Five Reasons People Hate The PRO Act Survey: 80% of Freelance Writers are Concerned about The PRO Act Affecting Their Ability to Work What is the gig economy? Definition from WhatIs.com Freelancing in America: 2019 Survey - Upwork Freelancers hold generally positive attitudes towards gig economy Skilled freelancers earn more per hour than 70% of workers in US Contingent and Alternative Employment Arrangements -- BLS News Release How Many Uber Drivers Are There? New York Taxi Workers Defeat Uber and Lyft with Landmark Legislation - Institute for Policy Studies Ridesharing services in the U.S.- statistics & facts | Statista The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors | Labor & Employment Law Blog AB5: Labor wins big with bill rewriting California employment law - Los Angeles Times What Freelancers Should Be Worried About in the PRO Act Vox Media to cut hundreds of freelance jobs ahead of California's AB5 California voters saved Uber and Lyft — and writers, artists and other independent workers For more links referenced in this episode, go to LaborUnionReport.com's Union Free Radio. --- Support this podcast: https://anchor.fm/unionfreeradio/support

Is The PRO Act really a threat to freelancers? What's the difference between the law passed in California called Assembly Bill 5 (AB5) and the Pro Act? I'm going to clear up the confusion over these laws and what it means for your future as a freelancer and an independent contractor. Then I'm going to tell you exactly how to protect yourself from laws like these so you can work in the way that you want to. The PRO Act, like California's AB5 already did, could take your rights to freelance away or at least make it more difficult to find clients. AB5 went into effect in January 2020 and passed in September 2019. Since that time, many freelancers in California lost their jobs because many companies had to either reclassify the freelancer as an employee or not work with them anymore. Now is the time for you to speak up and defend your right to self-employment. 0:00 - Introduction3:10 - The "ABC Test" And How The PRO Act And AB5 Are Similar9:09 - Key Difference Between The PRO Act And AB512:00 - Union Bargaining Rights: Freelancer's Don't Want Pity17:40 - How To Avoid These Laws: Speaking Up, LLCs, And Upwork23:33 - Why The PRO Act Is Unethical25:10 - Outro

Today's special edition of the podcast is a re-air of ATBS President Todd Amen's semi-annual conference call with clients of the business services firm and other owner-operators that offers the opportunity for listeners to benchmark their own income performance against the averages of their peers that ATBS computes. Near the call's beginning, though, Amen detailed the pressures that the Biden administration and Congress have renewed against the independent contractor model writ large. Fleets of all sizes are worrying more about it, as he shows, and some owner-operators are, too. At once, the majority of ATBS' owner-op clientele aren't aware even of California's A.B. 5 law, for instance, in place now for a year and a half and currently not applying to trucking, though that could change depending on pending court cases. The so-called ‘ABC test' in that law in essence prevents an independent contractor relationship between a worker and a business if both parties are essentially in the same line of work, making current and traditional owner-operator lease arrangements with other motor carriers problematic in various ways. What's abundantly clear from other surveys ATBS has conducted, though? When asked if leasing suddenly were not an option any longer, just what would ATBS client leased owner-ops do? Not even two in 10 would become company drivers, Amen noted results of his company's surveying. There's a lot more where that came from in this episode, and a wealth of data on the topsy-turvy 2020 year's income performance for average owner-operators among dry, reefer, flatbed and independent segments ATBS tracks. Read more about Amen's presentation: http://overdriveonline.com/15064950 Subscribe to Overdrive's daily newsletter for updates, news, views and analysis via http://overdriveonline.com

LLN (4/8/21) – Through the PRO Act, California’s AB5 and the ABC Test, an assault against the independent contractor model of business has been underway for some time, starting in California. Now it could spread nationwide – and a battle over the filibuster in the Senate could affect how that turns out. Also, the U.S. International Trade Commission is writing rules for investigating problems with cross-border trucking with Mexico, while the NTSB issues its “most wanted” list and the feds consider changes to independent contractor rules. And some states want to allow red light or speed enforcement cameras; others want to put the whole idea in the circular file. Now, nine states are looking to make a change one way or the other. 0:00 – Newscast. 10:15 – Prepping investigations for1 cross-border trucking with Mexico. 25:08 – Red-light, speed enforcement cameras. 39:59 – PRO Act, ABC Test, AB5, etc.

Today we’re talking to Kelsey Bolar, senior policy analyst at the Independent Women’s Forum, about two important topics. First, South Dakota governor Kristi Noem’s decision to backtrack on legislation that would protect girls’ and women’s sports. This has disappointed many conservatives, wondering if she’s "sold out" to the NCAA. Then, Kelsey talks about the PRO Act, a piece of federal legislation that would make working as a freelancer or independent contractor unnecessarily difficult. It aims to bring California’s "ABC Test" to the national level, even after it has devastated that state’s gig economy.  --- Today's Sponsors: Patriot Mobile never sends any money to the Left - they will never silence you & they're America's ONLY Christian conservative wireless provider. Get free premiere activation where they set up the phone for you & a special gift ==> go to PatriotMobile.com/Allie & use promo code 'ALLIE'! ABC - Life in the Womb is a fun & educational alphabet book for kids to learn how babies grow & develop in their mother's womb. 40% of all proceeds go to pro-life pregnancy centers across the US! Find out more at LittleLifeStages.com. --- Past Episodes Mentioned: Ep 389: Anti-Asian Crimes & Our Obligation to the Truth https://apple.co/3rfMB7I Ep 387: What's a Woman? Culture's Confused; Christianity Is Clear https://apple.co/2NJeUxt --- Show Links: The Federalist: "Bowing to Corporate Demands For Watered-Down Bill, Gov. Krisi Noem Sells Out Women's Sports" (March 22, 2021) https://bit.ly/31816Qg South Dakota H.D. 1217: "Promote Continued Fairness in Women's Sports:" https://bit.ly/39bTTTQ The Federalist: "Democrats Want to Take California's Freelance Job Destruction National" (March 12, 2021) https://bit.ly/3cZ70c7 --- Buy Allie's book, You're Not Enough (& That's Okay): Escaping the Toxic Culture of Self-Love: https://alliebethstuckey.com/book Relatable merchandise: https://shop.blazemedia.com/collections/allie-stuckey Learn more about your ad choices. Visit megaphone.fm/adchoices

Biden administration kills Trump's rule on independent contractor classification.Former auto hauler sentenced to 30 months for faking FMCSA records.PPP money flowing to transportation, warehousing at the same rate as before.Punjabi Trucking 360 can be reached at 559-701-8000 or info@ramandhillonshow.com for advertisement and show inquiries. 

In this episode, we discuss the PRO Act, the federal version of California’s recent AB5 legislation. While there are many positive aspects to this bill, it holds serious implications for those of us working as independent contractors. Even if your solo business runs as a corporation, the ABC Test portion of this legislation could have a negative effect on how you access opportunities and secure work. Then, we dig in on “the” interview, Oprah’s exclusive with Harry and Meghan. Alongside the jaw-dropping moments were key takeaways for us comms pros. And yes, we did go live on YouTube for this episode! We’re committed to trying new things and stretching our comfort zones. Watch here. We want to hear from you – please share your feedback with us at www.soloprpro.com.  

LLN (3/12/21) – Jon Osburn remains in Cajun country, enjoying good food and hearing about everything from rates and fuel prices to questions about COVID-19 vaccinations and the PRO Act, which would take California’s ABC Test national. Also, a while back, we covered some of the cheesier mods some truckers add to their rigs. Today, we’ll discuss more cheesy mods, including big teeth on winter fronts and super tall shifter sticks. And a bill that would allow people under 21 years of age to drive commercial trucks in interstate commerce is back on the agenda in our nation’s capital – all premised on the so-called driver shortage. 0:00 – Newscast. 10:15 – More cheesy mods. 25:09 – PRO Act and other topics. 39:31 – Effort to allow younger drivers resumes.

LLN (3/10/21) – A bill in Congress would take California’s controversial definition of who is or is not an independent contractor – the so-called ABC Test – and make it a national standard. Also, every year, the OOIDA Foundation takes a look at some of the factors that can affect the success of truck drivers. And high up on the list is the price that shippers pay to move freight. We’ll review the latest freight rate survey – plus some new online classes on getting your own authority. And there’s no end in sight for a surge in pandemic-related imports, and rates are on the rise. 0:00 – Newscast. 10:15 – Freight rate survey; authority classes. 25:09 – Rising imports, rising rates. 39:31 – ABC Test.

This is a rerelease of episode #73, from September 2020, about the devastating effects the federal PRO Act would have on independent contractors in the U.S.   I am rereleasing this now because the House has announced its plans to vote on this act next week, the week of March 8. We need your help! We must all tell our House representative and our two senators the impact of the PRO Act on our careers. We must explain that we are not “gig workers,” that we are career professionals just like lawyers and accountants. Please tell your story about how you benefit by being an independent contractor.   The PRO Act will likely pass the Democratic House. But, in the 50-50 split Senate, there is hope, but we must get the word out and talk to our legislators and senators now.   This is a call to action!   Here is the edited version of the original show notes from September, with resources below: Today’s guest are Kim Kavin and Karon Warren, two longtime freelance writers who have built successful freelance businesses. Both are active in the fight against the national PRO Act. Kim was active fighting against a similar state bill in New Jersey, and Karon heads up the national efforts to defeat the PRO Act through the grassroots organization Fight for Freelancers. The PRO Act (Protecting the Right to Organize) was introduced in Congress in late 2019. The initial intent of the bill was to protect workers who are misclassified and give them the ability to join a union. However, the bill was amended to add a classification test taken directly from California’s disastrous anti-freelance bill (now law) known as AB5. That test is called the ABC Test and was written in the 1930s for factory workers. The way the ABC Test is currently written prohibits most independent contractors from working with clients. It doesn’t matter if you call yourself a freelancer, consultant, an agency, whatever — if you are a W9 independent contractor, this affects you. The rest of the PRO Act does not harm freelancers, so freelancers need to focus their efforts on getting the ABC Test part of the bill changed. The push for this bill is union funded, and Democrats—including President Joe Biden—support the bill. In California, legislators “weaponized” the ABC Test by deleting some of the original language. The ABC Test has three prongs (A, B, C) that independent contractors must pass in order to do business. It’s the B part that is the problem. B originally had two parts: Part 1 says you can’t be in the same line of business as the company that is paying you to do the work. But Part 2 negates Part 1 if you do all of your work off company premises. Most freelancers can pass Part 2. However, California deleted Part 2, leaving only the part that says you can’t be in the same line of business as the company paying you. That went into law in January 2020 in the state and destroyed careers of all types of independent contractors, who could no longer work for companies in their industry. This included respiratory therapists and other medical professionals who contract with various hospitals — they lost work when they were needed the most during the pandemic. Other careers and industries affected include journalists, content writers, editors, real estate appraisers, comedians, theater workers, symphonies and orchestras, truck drivers, translators and more. In fact, California has found more than 300 industries hurt by AB5. California freelancer writers managed to get an exemption in the law that capped their submissions to 35 a year for each client. The exemption partially helped some writers, but it also had a lot of problems — for example, content writers, blog writers and newspaper columnists could quickly and easily hit 35 submissions, ending their work for that year for that client. Forbes, Hearst and New York Times were among those who have stopped hiring California freelancers. In December 2019, the AB5 copycat bills started popping up in Democrat strongholds (blue states), including New York and New Jersey, where Kim lives. The bill was introduced in New Jersey with about six weeks to go in a lame duck session. New Jersey freelance writers organized quickly to educate lawmakers about the damage to freelance careers. In New Jersey, lawmakers seemed to pay attention when the writers explained that they were “career professionals,” who earn anywhere from $50 to $300 an hour from clients. They compared themselves to specialized accountants and attorneys. They told individual stories that showed that they were professionals, not victims. The movement created the Twitter hashtag #IRSNotABC, which represents that the IRS standard is a better standard than the ABC Test. We should advocate for the PRO Act and state copycat bills to change their language to follow the IRS standard, not the ABC Test. The IRS standard already exists. It was written in the 1980s and has been updated since. The standard has about 60 questions to evaluate the relationship between a person and a company. The IRS website says, “The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work, not what will be done and how it will be done.” Unlike the B part of ABC, the IRS standard allows independent contractors to work in the same industry as their clients. Most legitimate independent contractors can pass the IRS standard. Laws already exist to protect exploited freelancers, and individuals can file a report with the IRS if they believe they have been exploited, like if they were hired as a “freelancer” but the company required them to work a full-time schedule and on the premises. That is not freelancing. The U.S. Department of Labor in both the Obama and Trump administrations prosecuted cases against companies who have misclassified employees. Some freelancers have said that the PRO Act or a state version doesn’t affect them for various reasons. Let’s go through some of these myths to debunk them and let independent contractors know they are in jeopardy: Myth 1: “I’m protected if I’m an LLC or S Corp.” Not true. While the test says “established business,” you must pass the B prong of the ABC Test to be able to work as an independent contractor. New Jersey advocates asked lawmakers to amend the bill to state that being an LLC or S Corp would exempt independent contractors from the law, but they would not add the language. Myth 2: “This is a partisan issue and those fighting against it are all Trump supporters or Republicans.” Not true. Karon explains that advocates are not taking political sides; they are talking about fixing this piece of legislation. It’s just a fact that Democrats, including Joe Biden, support the PRO Act and the ABC Test. Therefore, it’s critical to educate Democrat lawmakers about why the ABC Test is harmful to freelancers. Melanie’s opinion: If you are a Democrat like me and have Democrat representatives and senators, I think it’s even more critical we speak up because it’s the Democrats’ minds we have to change AND we are their constituents and members of their party. Both Democrats and Republicans can educate their Democratic lawmakers and also ensure their Republican lawmakers know about the PRO Act and will work to change it or vote against it. Myth 3: “Those vocal against the PRO Act are paid by anti-union operatives.” Not true. These are all independent contractors who have created grassroots organizations out of necessity to save their freelance careers. This myth makes it even more important that individual freelancers explain their business and their success to legislators so they can understand who we are. What You Can Do: Educate yourself about the PRO Act and how to fight against it. See resources list below. Contact your U.S. House representative and your two state senators THIS WEEK. Ask to speak to them directly or email them. You can gather a small group of freelancers in your state and request a Zoom meeting. Tell your lawmakers your individual freelance success stories and the benefits you get from freelancing. Explain how much you are contributing to the economy. Then, ask them to change the PRO Act so that it uses the IRS standard, not the ABC Test. You can share data that shows most independent contractors want to remain as such. However, keep in mind that your individual stories affect lawmakers more than a bunch of statistics do.  Share the message widely with other freelancers. Write op-eds for your local newspapers. Share on social media and retweet #IRSNotABC tweets and posts. In September, the Freelancers Union (which is a nonprofit, not a union) held a webinar with Senate Minority Leader Chuck Schumer, a Democrat from New York who supports unions and the PRO Act. However, Schumer acknowledged in the webinar that he recognizes the problems AB5 caused in California and said he is willing to work with freelancers on the PRO Act. This was a huge acknowledgement. Let’s hold him to that promise. (See press release in resources below.) Resources: Share this new video from Fight for Freelancers USA explaining the problems with the PRO Act: https://www.youtube.com/watch?v=aeSiRVOHeMc&feature=youtu.be www.fightforfreelancersusa.com Fight for Freelancers USA Facebook page — this is where you will find the most updated information and how to organize Fight for Freelances USA on Twitter #IRSNotABC on Twitter Fight for Freelancers press release “US Senate Minority Leader Acknowledges Major Problem in PRO Act” Freelance Forward 2020 — Upwork’s latest research on freelancing (statistics to use) NPR article “Jobs in the Pandemic: More Are Freelance and May Stay That Way Forever” Contently article “Does the ABC Test Already Exist in Your State, and Could It Harm Your Career?” Wrapbook blog post “Employee or Contractor? The Complete List of Worker Classification Tests By State” IRS.gov’s information on independent contractors Fight for Freelancers New Jersey The chaos in California

ZLG partner, Anthony Zaller, and ZLG attorney, Michael Thompson, discuss some of the new wage and hour bills, which become effective January 1, 2021. Thompson discusses AB 2257, which is an extension of the infamous AB5 or "ABC Test". Zaller discusses SB 1384 and AB 1512. Date of Recording: October 2, 2020.

Dwight Egan, CEO at Co-Diagnostics, talks about the “ABC” test for Covid-19. Bloomberg Businessweek Editor Joel Weber and Bloomberg News Finance Reporter Harry Wilson discuss the story “Prince Andrew Helped a Secretive Bank Woo Sketchy Clients.” Bloomberg New Economy Editorial Director Andy Browne breaks down the White House weighing new action against Beijing. Bloomberg Economics Senior U.S. Economist Yelena Shulyatyeva details news that Janet Yellen is President-elect Joe Biden's pick for Treasury secretary. And we Drive to the Close with Michael Sheldon, CIO at Hightower RDM Financial Group. Host: Carol Massar. Producer: Doni Holloway. 

Today’s guest are Kim Kavin and Karon Warren, two longtime freelance writers who have built successful freelance businesses. Both are active in the fight against the national PRO Act. Kim was active fighting against a similar state bill in New Jersey, and Karon heads up the national efforts to defeat the PRO Act through the grassroots organization Fight for Freelancers. The PRO Act (Protecting the Right to Organize) was introduced in Congress in late 2019. The initial intent of the bill was to protect workers who are misclassified and give them the ability to join a union. However, the bill was amended to add a classification test taken directly from California’s disastrous anti-freelance bill (now law) known as AB5. That test is called the ABC Test and was written in the 1930s for factory workers. The way the ABC Test is currently written prohibits most independent contractors from working with clients. It doesn’t matter if you call yourself a freelancer, consultant, an agency, whatever — if you are a W9 independent contractor, this affects you. The rest of the PRO Act does not harm freelancers, so freelancers need to focus their efforts on getting the ABC Test part of the bill changed. The push for this bill is union funded, and Democrats —including presidential candidate Joe Biden — support the bill. Kim was involved in fighting a copycat bill in New Jersey. A co-sponsor of the bill told her if she wanted to make changes she needed to negotiate directly with the AFL-CIO. That shows who is controlling and pushing these bills. In California, legislators “weaponized” the ABC Test by deleting some of the original language. The ABC Test has three prongs (A, B, C) that independent contractors must pass in order to do business. It’s the B part that is the problem. B originally had two parts: Part 1 says you can’t be in the same line of business as the company that is paying you to do the work. But Part 2 negates Part 1 if you do all of your work off company premises. Most freelancers can pass Part 2. However, California deleted Part 2, leaving only the part that says you can’t be in the same line of business as the company paying you. That went into law in January 2020 in the state and destroyed careers of all types of independent contractors, who could no longer work for companies in their industry. This included respiratory therapists and other medical professionals who contract with various hospitals — they lost work when they were needed the most during the pandemic. Other careers and industries affected include journalists, content writers, editors, real estate appraisers, comedians, theater workers, symphonies and orchestras, truck drivers, translators and more. In fact, California has found more than 300 industries hurt by AB5. California freelancer writers managed to get an exemption in the law that capped their submissions to 35 a year for each client. The exemption partially helped some writers, but it also had a lot of problems — for example, content writers, blog writers and newspaper columnists could quickly and easily hit 35 submissions, ending their work for that year for that client. Forbes, Hearst and New York Times were among those who have stopped hiring California freelancers. In December 2019, the AB5 copycat bills started popping up in Democrat strongholds (blue states), including New York and New Jersey, where Kim lives. The bill was introduced in New Jersey with about six weeks to go in a lame duck session. New Jersey freelance writers organized quickly to educate lawmakers about the damage to freelance careers. In New Jersey, lawmakers seemed to pay attention when the writers explained that they were “career professionals,” who earn anywhere from $50 to $300 an hour from clients. They compared themselves to specialized accountants and attorneys. They told individual stories that showed that they were professionals, not victims. At one hearing, a lawmaker said they were going to protect the freelancers from “nefarious” companies. Kim yelled at a New Jersey senator to stop calling her clients nefarious and exploitative. The pandemic has helped lawmakers understand how many independent contractors are out there because we got attention when we became eligible for unemployment benefits and the Paycheck Protection Program. When AB5 went into law in California, the American Society of Journalists and Authors (a membership organization of freelance writers, of which Kim, Karon and Melanie are members) filed a lawsuit with the National Press Photographers Association challenging the new law on First Amendment and other Constitutional grounds.  Karon got involved at that part, even though she’s in Georgia, a red state where a copycat bill does not exist. But Karon knew she needed to fight against the federal PRO Act, which would affect independent contractors in all 50 states. If the PRO Act passes, companies will begin outsourcing work to people outside of the U.S. The movement created the Twitter hashtag #IRSNotABC, which represents that the IRS standard is a better standard than the ABC Test. We should advocate for the PRO Act and state copycat bills to change their language to follow the IRS standard, not the ABC Test. The IRS standard already exists. It was written in the 1980s and has been updated since. The standard has about 60 questions to evaluate the relationship between a person and a company. The IRS website says, “The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work, not what will be done and how it will be done.” Unlike the B part of ABC, the IRS standard allows independent contractors to work in the same industry as their clients. Most legitimate independent contractors can pass the IRS standard. Laws already exist to protect exploited freelancers, and individuals can file a report with the IRS if they believe they have been exploited, like if they were hired as a “freelancer” but the company required them to work a full-time schedule and on the premises. That is not freelancing. The U.S. Department of Labor in both the Obama and Trump administrations have prosecuted cases against companies who have misclassified employees. Some freelancers have said that the PRO Act or a state version doesn’t affect them for various reasons. Let’s go through some of these myths to debunk them and let independent contractors know they are in jeopardy:   Myth 1: “I’m protected if I’m an LLC or S Corp.” Not true. While the test says “established business,” you must pass the B prong of the ABC Test to be able to work as an independent contractor. New Jersey advocates asked lawmakers to amend the bill to state that being an LLC or S Corp would exempt independent contractors from the law, but they would not add the language.   Myth 2: “This is a partisan issue and those fighting against it are all Trump supporters or Republicans.” Not true. Karon explains that advocates are not taking political sides; they are talking about fixing this piece of legislation. It’s just a fact that Democrats, including presidential candidate Joe Biden, support the PRO Act and the ABC Test. Therefore, it’s critical to educate Democrat lawmakers about why the ABC Test is harmful to freelancers.   Melanie’s opinion: If you are a Democrat like me and have Democrat representatives and senators, I think it’s even more critical we speak up because it’s the Democrats’ minds we have to change AND we are their constituents and members of their party. Both Democrats and Republicans can educate their Democratic lawmakers and also ensure their Republican lawmakers know about the PRO Act and will work to change it or vote against it.   Myth 3: “Those vocal against the PRO Act are paid by anti-union operatives.” Not true. These are all independent contractors who have created grassroots organizations out of necessity to save their freelance careers. This myth makes it even more important that individual freelancers explain their business and their success to legislators so they can understand who we are.   What You Can Do: Educate yourself about the PRO Act and how to fight against it. See resources list below. Contact your U.S. House representative and your two state senators. Ask to speak to them directly or email them. You can gather a small group of freelancers in your state and request a Zoom meeting. Tell your lawmakers your individual freelance success stories and the benefits you get from freelancing. Explain how much you are contributing to the economy. Then, ask them to change the PRO Act so that it uses the IRS standard, not the ABC Test. You can share data that shows most independent contractors want to remain as such. However, keep in mind that your individual stories affect lawmakers more than a bunch of statistics do. Share the message widely with other freelancers. Write op-eds for your local newspapers. Share on social media and retweet #IRSNotABC tweets and posts.   In September, the Freelancers Union (which is a nonprofit, not a union) held a webinar with Senate Minority Leader Chuck Schumer, a Democrat from New York who supports unions and the PRO Act. However, Schumer acknowledged in the webinar that he recognizes the problems AB5 caused in California and said he is willing to work with freelancers on the PRO Act. This was a huge acknowledgement. (See press release in resources below.)     Resources:   www.fightforfreelancersusa.com   Fight for Freelancers USA Facebook page — this is where you will find the most updated information and how to organize   Fight for Freelances USA on Twitter   #IRSNotABC on Twitter   Fight for Freelancers press release “US Senate Minority Leader Acknowledges Major Problem in PRO Act”   Freelance Forward 2020 — Upwork’s latest research on freelancing (statistics to use)   NPR article “Jobs in the Pandemic: More Are Freelance and May Stay That Way Forever”   Contently article “Does the ABC Test Already Exist in Your State, and Could It Harm Your Career?”   Wrapbook blog post “Employee or Contractor? The Complete List of Worker Classification Tests By State”   IRS.gov’s information on independent contractors   Fight for Freelancers New Jersey   The chaos in California  

Host Bart Zandbergen was joined in the virtual studio once again by Lee R. Goldberg, Esq, who is a transactional business attorney and has been practicing in Southern California for over 33 years. In this episode, Lee shares his knowledge of AB 5 and its implications for California business owners. This new regulation went into effect in January 2020, and has since required many business owners and independent contractors to restructure their employment relations in order to be in compliance. Lee has extensive experience in negotiating and documenting sophisticated real estate, finance, intellectual property, corporate structuring, M&A and many other business transactions. Currently, the majority of Lee’s practice consists of acting as outside general counsel to numerous companies across a broad spectrum of industries, handling all legal aspects of his client’s businesses, including business structuring, contracting, labor and employment issues, client contract matters, trade supplier contracts, statutory and corporate compliance, insurance contracts and claims, and dispute resolution (litigation management). In this episode learn: - What the AB 5 regulation entails and how it impacts California businesses and business owners - The fundamentals of the ABC Test which determines whether someone is classified as an independent contractor or employee - Why it is essential, now more than ever, to be compliant with AB

Host Bart Zandbergen was joined in the virtual studio once again by Lee R. Goldberg, Esq, who is a transactional business attorney and has been practicing in Southern California for over 33 years.  In this episode, Lee shares his knowledge of AB 5 and its implications for California business owners. This new regulation went into effect in January 2020, and has since required many business owners and independent contractors to restructure their employment relations in order to be in compliance. Lee has extensive experience in negotiating and documenting sophisticated real estate, finance, intellectual property, corporate structuring, M&A and many other business transactions.  Currently, the majority of Lee's practice consists of acting as outside general counsel to numerous companies across a broad spectrum of industries, handling all legal aspects of his client's businesses, including business structuring, contracting, labor and employment issues, client contract matters, trade supplier contracts, statutory and corporate compliance, insurance contracts and claims, and dispute resolution (litigation management). In this episode learn: - What the AB 5 regulation entails and how it impacts California businesses and business owners - The fundamentals of the ABC Test which determines whether someone is classified as an independent contractor or employee - Why it is essential, now more than ever, to be compliant with AB 5 To contact Mr. Goldberg, please email: lgoldberg@forddiulio.com. The Zandbergen Report, where wealth strategies and investment wisdom collide, is led by host Bart Zandbergen, and is LIVE every Tuesday at 2pm on OC Talk Radio. The show is also available on iTunes, iHeartRadio, Spotify and Stitcher. Interested in being a guest on The Zandbergen Report? Email podcast@bartzandbergen.com. Learn more about Bart by visiting www.BartZandbergen.com

The California Supreme Court ruled nearly two years ago that the Golden State’s Wage Orders required a new test to determine who is, and is not, an independent contractor under the Orders. It is called the ABC test because it has three elements. The hiring business must prove all three, or the worker will be an employee. Last year, the California Legislature decided to apply that same test to all most all employment laws, not just the Wage Orders. It also exempted many industries, jobs, and working relationships from AB5 and the ABC test, but some of the exemptions are hard to apply. As San Diego employment attorney Ward Heinrichs shares on this episode of Big Blend Radio, now, many more workers and businesses in various job categories and industries want exemptions or less limiting ones. In many cases, such as Uber, they are fighting for them! Read Ward's article here: https://blendradioandtv.com/listing/does-anyone-like-ab5-and-the-abc-test/Featured music is “Mrs. Lackey” by The Loose Hinges.

The California Supreme Court ruled nearly two years ago that the Golden State’s Wage Orders required a new test to determine who is, and is not, an independent contractor under the Orders.  It is called the ABC test because it has three elements.  The hiring business must prove all three, or the worker will be an employee. Last year, the California Legislature decided to apply that same test to all most all employment laws, not just the Wage Orders.  It also exempted many industries, jobs, and working relationships from AB5 and the ABC test, but some of the exemptions are hard to apply. As San Diego employment attorney Ward Heinrichs shares on this episode of Big Blend Radio, now, many more workers and businesses in various job categories and industries want exemptions or less limiting ones.  In many cases, such as Uber, they are fighting for them! Read Ward's article on BlendRadioandTV.com. Featured music is “Mrs. Lackey” by The Loose Hinges.

Part 1 of the AB5 discussion: Anthony Zaller, along with Zaller Law Group attorneys Mike Thompson and Rick Reyes, provide background information on AB5 and the "ABC Test".  They discuss the numerous legal challenges against AB5 in California at the beginning of 2020.

Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories. Court Rules Truckers are Exempt from AB-5 ABC Test, Employer's Delay in Interactive Process Supports FEHA Claim, Rehab-Recovery Mogul Pleads Guilty in $175M Fraud Case, Palmdale Internist Sentenced to Two Years in Kickback Case, Gov. Newsom Announces Plans to Enter Drug Business, New York Considers Passing AB-5 Gig Employment Law, SCIF Salaries - Including $732k Annual CEO Pay - Under Scrutiny, O.C. Register Calls for Privatizing the SCIF, Santa Monica Reports 23% Increase in Comp Claim Costs, Study Claims 1/3 of Healthcare Costs are Insurance Co. Overhead.

As a salon owner, will you be legal? As an indie hairdresser, will you become an employee? California's new employment law takes effect Jan. 1st, 2020 with many other states watching to see how it all shakes out. ⁠ ⁠ @loveerictaylor spoke once more with employment attorney Jason Ross, who specializes in this new law as it relates to hairdressers. There have been updates and exemptions for our industry since the law was passed, so we asked Jason to fill us in on what's going on. ⁠- For an in-depth discussion on the law, check out his first interview on Ep.68  Show Notes: • Review of the Supreme Court decision & ABC Test for employee/indie worker • What has happened since the change: AB5 taking effect Jan 1 2020   • Examining your salon philosophically as opposed to legally  • Examples of things beauty pros need to do to remain independent within salons  Find us on Instagram: www.instagram.com/thehairgamepodcast www.instagram.com/loveerictaylor www.instagram.com/salonrepublic    Subscribe to our YouTube Channel: www.youtube.com/thehairgame

Brian and Shant discuss the following cases: Sharon v. Porter: Establishing standing in a legal malpractice cases, the statutory framework of the statute of limitations, and the importance of specifying the amount or filing a statement of damages along with a default judgment.   Sprengel v. Zbylut: Implied attorney-client relationships and the distinctions between how it applies to a relationship with the shareholders of a corporation and the corporation itself.   Henderson v. Equilon/Shell Oil: The Joint Employer Doctrine and the definition of “suffer and permit” from the landmark case of Martinez v. Combs.  The ABC Test in Dynamex and how it applies to franchisees and franchisors.  Gonzalez v. San Gabriel Transit: Brian and Shant discuss whether the Dynamex Decision applies to claims retroactively, followed by a discussion of the future of the gig economy.

This Employment Law This Week Monthly Rundown discusses the most important developments for employers in October 2019.  This episode includes:  - DOL Issues Final Overtime Rule  - California Codifies "ABC Test" for Classifying Workers  - EEOC Reconsiders Pay Data Collection Beyond 2018  - NLRB Wraps Up a Busy Summer 2019  Featuring attorneys Paul DeCamp, RyAnn McKay Hooper, Robert J. O'Hara, and George Carroll Whipple, III, of Epstein Becker Green.  For story details and other video formats, visit https://www.ebglaw.com/eltw145  Stay tuned for further developments that may affect your business.  Employment Law This Week – tracking the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns. Follow us on LinkedIn, Facebook, YouTube, Instagram, and Twitter and subscribe for email notifications.  The EMPLOYMENT LAW THIS WEEK® and THOUGHT LEADERS IN HEALTH LAW® podcasts are presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

The status of independent contractors in California has been hotly debated over the past year, with the landmark California Supreme Court decision in Dynamex and with the resulting debate over California’s Assembly Bill 5. The ABC test, if ultimately adopted in the Golden State, would reclassify as employees millions of workers who currently operate as independent contractors. The impact on California's economy – the fifth largest in the world – could be extraordinary.In this episode, Bruce J. Sarchet gives an overview of the ABC Test; an analysis of the provisions of California’s AB 5; a discussion of the potential impacts on the California and U.S. economy should the bill be passed into law; and options for compliance.Featuring:- Bruce J. Sarchet, Shareholder, Littler Mendelson P.C.Visit our website – ww.RegProject.org – to learn more, view all of our content, and connect with us on social media.

The status of independent contractors in California has been hotly debated over the past year, with the landmark California Supreme Court decision in Dynamex and with the resulting debate over California’s Assembly Bill 5. The ABC test, if ultimately adopted in the Golden State, would reclassify as employees millions of workers who currently operate as independent contractors. The impact on California's economy – the fifth largest in the world – could be extraordinary.In this episode, Bruce J. Sarchet gives an overview of the ABC Test; an analysis of the provisions of California’s AB 5; a discussion of the potential impacts on the California and U.S. economy should the bill be passed into law; and options for compliance.Featuring:- Bruce J. Sarchet, Shareholder, Littler Mendelson P.C.Visit our website – ww.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories. Encompass Health to pay $48M to Resolve Fraud Claim, Bankruptcy Judge May Halt Opiate Trials, Statewide Sweep Nabs 169 Illegal Contractors, Attorney Pleads Guilty in Oxycodone Sales Case, Gig Companies Adapt to ABC Test, Wearable Technology WorkComp Game Changer, WCIRB Submits 2020 Regulatory Filing, Claims Data Links Opioid Prescriptions as Family Risk Factor, "Non-Profit" Hospitals Report Massive Profits, Major Cannabis Research Industries Collaborating.

Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories. Employer Has Burden to Obtain Physicians RTW Form, Nurse Indicted for "Darknet" Sales of Opioids, Cannabis Shops - Illegally Uninsured and Tax Evasion, Sutter Medical Center Neurosurgeon Arrested for Comp Fraud, DWC Posts First Report on IBR Since SB 863, Mostly Good News From WCIRB Report, WCIRB Sees No Need for Mid-year Filing, More Gig Workers Seek Exemption from ABC Test, ICD 11th Edition to Include Chinese Medicine, Injured Tesla Workers Claim Foul Play.

The California Supreme Court issued a monumental ruling regarding the test used in determining whether a worker can be classified as an independent contractor. The ABC Test must be used in order to determine a worker's eligibility to be considered an independent contractor.

Is your homeschool teacher an employee or Independent Contractor? In 2018 California Supreme Court tried to make that questions easier to answer with a simpler 3 part test: The ABC Test for Independent Contractor status. Can You Pass The Three-Part ABC Test? Employers must be able to answer yes to all three parts of the […] The post ABC Test for Independent Contractors appeared first on Ultimate Homeschool Podcast Network.

A talk here with the owner of and a contractor to Southern California-based Angus Transportation, a now three-truck business owned and operated by Jimmy Nevarez. Leased owner-operator Darril Lightburn is in a percentage-type comensation arrangement there as an independent contractor, and Overdrive spoke with he and Nevarez both given latter's past experience hauling rail intermodal containers in the region where they're based, attendant to a feature you'll see in the February issue of Overdrive about the independent contractor classification, challenges to it via West Coast courts and other areas, and its abuse by too many companies around trucking with, often, lease-purchase arrangements that make it impossible to succeed, much less be afforded any truly independent status with negotiating power. Union organizing and attendant litigation in the ports, and some high-profile examples of muckraking-type journalism over the past years, have exposed some of the most egregious examples. At the same time, the traditional percentage-pay method of small fleets with lease agreements with owner-operators survives. Yes, even in California, as Lightburn and Nevarez are evidence of.

This week we're missing Trick (again), as he was stuck taking a very important test for his ABC's. It was a slow week for music and entertainment. However, Kanye West gave us a nice Twitter rant to discuss. El Chapo's wife says she had no idea he was a drug lord, which is the right thing to do, and much more. We're getting down to the end of the year! Hope you guys are ready!

Why should you hire an independent contractor to work for your company? In this On the Road report from the California Lawyers Association Annual Meeting, host Laurence Colletti is joined with Cynthia Elkins to talk about the role of an independent contractor, classifying the difference between them and regular employees, and attributes of being an employee w2. They also mention the Dynamex Operations West v. Superior Court: California’s adoption of the ABC Test for Purposes of the Wage Orders. Cynthia Elkins is an employment attorney, representing defense side management only, and the principal of Elkins Employment Law.

On today’s show, I am going to discuss the new law that was handed down by the California supreme court which threatens to abolish the booth rental model and how the law may also affect salons that host traveling stylists. I think it’s important that salon owners in every state pay close attention to how this law evolves over time because if whatever the state of California is trying to achieve becomes successful according to their measurements, whatever those measurements are, other states will eventually attempt to adopt the same law. The new law has essentially stopped hair salons from being able to hire independent contractors (booth renters), and instead, salons are now required to classify their workers as employees based on the "ABC Test." This is a HUGE change and will change how hair salons and other beauty professionals operate and mange their businesses moving forward.

While the Weekly Appellate Report is on a brief summer hiatus, revisit an earlier episode exploring the new test California courts have begun to apply when figuring whether hired workers are employees or independent contractors. The state high court created the "ABC Test" in May; since then a few courts have applied it, while gig-economy titans have fought the new doctrine, which some deem unduly tilted toward "employee" designations, in Sacramento.

A new three-step test distinguishing employees from independent contractors stands to tilt worker misclassification suits toward plaintiffs, and reshape many modern, independent contractor-centric business models. Michael Rubin (Altshuler Berzon LLP) and Gina Roccanova (Myers Nave) unpack the new ‘ABC Test,’ articulated last week by the California Supreme Court, and its implications.