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modestobulldog

Progressivism = Regressivism

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You can't make this shit up:

Vox: Gig workers’ win in California is a victory for workers everywhere

https://www.vox.com/2019/9/11/20851034/california-ab-5-workers-labor-unions

Vox Media to cut hundreds of freelance jobs ahead of changes in California gig economy laws

https://www.cnbc.com/2019/12/16/vox-media-to-cut-hundreds-of-freelance-jobs-ahead-of-californias-ab5.html

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11 hours ago, modestobulldog said:

You can't make this shit up:

Vox: Gig workers’ win in California is a victory for workers everywhere

https://www.vox.com/2019/9/11/20851034/california-ab-5-workers-labor-unions

Vox Media to cut hundreds of freelance jobs ahead of changes in California gig economy laws

https://www.cnbc.com/2019/12/16/vox-media-to-cut-hundreds-of-freelance-jobs-ahead-of-californias-ab5.html

It’s just another reason for businesses to move out of CA and keep CA’s Corp tax base shrinking. Great job, Gavin. 

On the GOP side, I think most would support a particular union that protected workers from slimy companies as long as it was reasonable. But they won’t support out of control crazy shit like the CA prison guard union that got ridiculous benefits like a high salary for life once a guard retired. And CA can’t afford to pay that crap. 

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10 hours ago, Nevada Convert said:

It’s just another reason for businesses to move out of CA and keep CA’s Corp tax base shrinking. Great job, Gavin. 

On the GOP side, I think most would support a particular union that protected workers from slimy companies as long as it was reasonable. But they won’t support out of control crazy shit like the CA prison guard union that got ridiculous benefits like a high salary for life once a guard retired. And CA can’t afford to pay that crap. 

I really wish that companies and unions could strike a balance and find a way for each to compensated for mutual success.  The companies get happy, productive workers who stay a long time and the unions represent employees who are productive, well compensated, and not shielded from discipline for breaking the rules or laziness.  It would be a huge win for everyone.  Germany has a pretty decent model from what I have seen.  

I find it sad that as technology has increased, instead of making our lives easier in the workplace, it has typically made it even worse.  Humans should be working less hours, not more.  It is time to rethink why we are on this earth.

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If your a truck driver or Uber driver, you should be able to do that as a independent contractor if you like.  Should not force companies to hire someone.  Thats what they do in Europe and it ends up where companies won't hire anyone because they can't fire them and it stifles growth.  No one is forced to drive a Uber or Lyft and many people do that for extra money.  

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3 minutes ago, Wyobraska said:

I really wish that companies and unions could strike a balance and find a way for each to compensated for mutual success.  The companies get happy, productive workers who stay a long time and the unions represent employees who are productive, well compensated, and not shielded from discipline for breaking the rules or laziness.  It would be a huge win for everyone.  Germany has a pretty decent model from what I have seen.  

I find it sad that as technology has increased, instead of making our lives easier in the workplace, it has typically made it even worse.  Humans should be working less hours, not more.  It is time to rethink why we are on this earth.

It’s a delicate balance between worker welfare and corporate productivity.

Personally, I would like a system somewhere between what you find in the US and Western Europe. I believe the average American worker puts in too many mandatory hours, to the point where productivity suffers because it’s past the point of diminishing returns. I also believe Western Europe is too far in the other direction as it is too difficult to compete in a global economy, that is rapidly becoming automated, and human capital is usually the most costly line item on the balance sheet.

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This California law is way too arbitrary. For one, why is 35 jobs the cut off? It's going to kill the film industry that is left there, probably cause some of the bigger tech companies to flee elsewhere, and probably cause new startups to go incubate themselves in some other place. Not to mention largely kill off any sort of independent press that may exist.

There's many ways around it too, of course, and many will probably take advantage of those if they are monied and savvy enough, but the vast majority of workers/contractors affected by this law's provisions probably aren't monied or savvy, so it's going to be a net detriment.

 

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2 hours ago, Wyobraska said:

I really wish that companies and unions could strike a balance and find a way for each to compensated for mutual success.  The companies get happy, productive workers who stay a long time and the unions represent employees who are productive, well compensated, and not shielded from discipline for breaking the rules or laziness.  It would be a huge win for everyone.  Germany has a pretty decent model from what I have seen.  

I find it sad that as technology has increased, instead of making our lives easier in the workplace, it has typically made it even worse.  Humans should be working less hours, not more.  It is time to rethink why we are on this earth.

Unions are unnecessary.  

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3 hours ago, BSUTOP25 said:

It’s a delicate balance between worker welfare and corporate productivity.

Personally, I would like a system somewhere between what you find in the US and Western Europe. I believe the average American worker puts in too many mandatory hours, to the point where productivity suffers because it’s past the point of diminishing returns. I also believe Western Europe is too far in the other direction as it is too difficult to compete in a global economy, that is rapidly becoming automated, and human capital is usually the most costly line item on the balance sheet.

Sorry to nitpick here but the balance sheet is for assets, liabilities and equity. Human capital would be labor expense and thus on the income statement. 

 

 

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As discussed on the barkboard, this law was meant to address rife abuses of the "independent contractor" designation that absolutely needed to be dealt with.  However, it went too far IMO.  The new standard was imported from the Dynamex decision, a wage-and-hour case in the transportation industry, an industry permeated with abusive employee classifications.  The law is much broader than Dynamex and does not have any exceptions, and gives short shrift to industries where contractor relationships are actually preferable (i.e., freelance writing).  I think it went too far for that reason, especially given that it was aimed at the gig economy.  However, I do think that these issues needed some attention.  Legislation is a process, and I hope that the legislature will curtail this law.  

 

 

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7 hours ago, Joe from WY said:

This California law is way too arbitrary. For one, why is 35 jobs the cut off? It's going to kill the film industry that is left there, probably cause some of the bigger tech companies to flee elsewhere, and probably cause new startups to go incubate themselves in some other place. Not to mention largely kill off any sort of independent press that may exist.

There's many ways around it too, of course, and many will probably take advantage of those if they are monied and savvy enough, but the vast majority of workers/contractors affected by this law's provisions probably aren't monied or savvy, so it's going to be a net detriment.

 

It's pretty tough.  The new test is fairly comprehensive:

 

(a) (1) For purposes of the provisions of this code and the Unemployment Insurance Code, and for the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied:
(A) The person 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) The person performs work that is outside the usual course of the hiring entity’s business.
(C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

There is a presumption of employment relationship unless it can be rebutted. The second prong is difficult to navigate around. My impression is that uber and other tech companies are dealing with this by enforcing individual arbitration agreements.  Nobody wants to be the defendant that gets another reported decision going against them. Massachusetts has a similar law on the books and has given it broad application, but in more limited circumstances than seems facially plausible on the face of the law. 

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10 hours ago, modestobulldog said:

Unions are unnecessary.  

I think history has shown that Unions are necessary.  Workers today owe some of their rights to the hard fought victories of Union earlier in history.  Now, times have changed and work is more competitive, but corporations will try to get away with anything and everything they can to save a dollar.  I don't agree with most, if not all current American Unions, but I wish there was a way that changes could be made to benefit workers and businesses.  Those two should work with one another, rather than against one another.  

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The new law may have more profound unintended consequences in the medical field.

https://www.bizjournals.com/sanfrancisco/news/2019/10/08/unintended-consequences-of-dynamex-decision-could.html

Applying the changes introduced by Dynamex can present significant complications in many industries. This is especially true for the health care industry due to California’s prohibition of corporate practice of medicine (CPOM) and its associated rules. For example, the state requires hospitals to have physicians available during all hours of hospital operation, while, at the same time, generally prohibiting hospitals from hiring physicians directly.

Due to the structure of the hospital business and the nature of the hospital’s service offering as a health care facilitator, a court could determine the hospital is violating all three prongs of the ABC Test in relation to any health care professionals it contracts.

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On 12/30/2019 at 2:47 PM, bornontheblue said:

Sorry to nitpick here but the balance sheet is for assets, liabilities and equity. Human capital would be labor expense and thus on the income statement. 

 

 

 

On 12/30/2019 at 5:58 PM, Bob said:

I was going to say the same thing. I didn't want to be called an a-hole, though. I'm trying not to be an a-hole in 2020

This is exactly why I’m completely for dismantling the evil accounting cabal that controls and holds our civilization back. Down with @mugtang and his cronies.

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