App Companies Propose New Model For Worker Benefits (cio.com)
itwbennett writes: In late October, four delivery drivers for the app-based Amazon Prime Now service filed a class-action lawsuit alleging the company misclassifies its workers as contractors. In June, the California Labor Commission ruled that Uber drivers are employees, not contractors. Now, worker advocacy groups, companies offering services through apps (including Lyft, Etsy, Care.com, and Instacart), a variety of policy experts, and venture capitalists are proposing a new model for worker benefits that will be "portable" across the number of jobs they do in the new on-demand economy. "Self-employed workers choosing to engage in flexible work may also encounter unforeseen work disruptions or other hardships without the protections and benefits that may be provided through full time employment," the group said in a statement posted on Medium.
The model of relying on a business to provide benefits to its employees in lieu of the government or the employees themselves turns the employee into a serf, unable to leave in fear of losing their benefits. COBRA was the last grand experiment in government meddling in "portable" healthcare benefits and it was by all accounts a miserable failure.
On-demand first posting!?
Right now when something is being built the builders call up the local unions and say "I'm going to need 5 Union plumbers and 2 Union electricians for 6 weeks".
Present a single front to all companies needing developers for work weeks, salary and benefits.
Just call it a Union. (And that's not a bad thing).
"Self-employed workers choosing to engage in flexible work may also encounter unforeseen work disruptions or other hardships without the protections and benefits that may be provided through full time employment,"
Is this our new term for the under and unemployed? They "choose" to struggle now?
You pay them one rate as contractors, more cash with limited benefits, or as employees, with less cash but more benefits. Given the need for start ups to employee people on highly variable contracts, and the existence of people for whom variability is acceptable, this can be worked out. Where the problem lies in the growing tendency of firms such as supermarkets to keep a stock of variable hours labour. The ideal is to have a civilised conversation about this whole area; the danger is that we lose the ability to grow new start ups cheaply.
Stop calling them "benefits" and just call them what they are, which is compensation. Corporations (and politicians) have used the term "benefits" to be the equivalent of the corporations giving their employees welfare. They've actually used this term, "benefits" in PR campaigns to steal employees retirement packages.
If you get health insurance, sick days, retirement, it's because you earned them. They are yours. It's not company largesse.
You are welcome on my lawn.
The only reason they're putting this out there is to avoid liability.
"Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
I don't think it is forcing companies to 'hand out' benefits to employees so much as that employee should be able to *afford* benefits if the company is not 'handing them out'.
Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
The current system lets too weak of benefits already reach full-time employees in many segments, much less those [illegally] mis-classified as contractors. This is just a underhanded attempt to prevent any form of unionization or uprising against contractor classification.
Once this new "flexible class" is created, how many more full-time employees will due to title and pay be shifted under this grouping? Certainly food & beverage / service industries will try to shift salaried and hourly "management" positions here, they've already shown more than enough willingness to break exempt from overtime laws and abuse of tipped wage classes.
The current full-time employee class already provides very minimal protections and benefits that any company just following those guidelines should be ashamed to offer (e.g. no guarantee of: PTO / sick time, 401k / pension / retirement, guarantee of working hours, etc.).
They won't have any strike power or collective bargaining rights to speak of. This is just a permatemp agency these companies want to form to get out of paying for health care and unemployment. It's another way for them to externalize their costs onto the employee or the taxpayer. Don't be fooled.
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single player healthcare is needed other stuff has law issues.
Like uniforms cost can't pull some one under min wage and in some states uniforms must be free.
Forcing an 1099 worker to use uniforms is not really legal and it limits them working for more then one place at the same time / limits them subbing work out.
Forcing workers to buy / rent your tools has issues the big one is can't pull someone under min wage others very state to state / etc and for a 1099 it's dicey as well.
Car Reimbursement you can't pay some one min wage and make them drive around on there own dime under the law.
CA has a cell phone reimbursement law.
Under the law you can't really pay someone the tipped min wage for app work and if they make under they need to be payed the difference not counting experiences / reimbursement.
So if the problem is portability and income security, lets take that off the table.
Solution: Universal healthcare, paid for by a corporate value added tax (rate to be set by actual costs from the previous few years costs).
Job retraining issues?
Solution: Free university tuition and subsidized apprenticeships for trades. Pay for that with a flat 50% income tax for income above ~200k (or whatever income level keeps the budget balanced, set by recent year incomes and projected budget costs).
Any questions?
I like this model of portable work. However, what needs to happen is that the companies that want to use this must allocate a fund or must pitch in so that they are paying some amount even if they dont have any work requirements currently. Its a sacrifice they need to make in return for the flexibility to hire people for only a short duration as per their work needs. In return, the workers get a little extra security and maybe some flexibility in deciding what they want to do as well.
Meritocracy only works if it's not a lie. It doesn't magically happen out of nowhere, it's a consequence of a system that can cull bad actors.
Real life is not that system. In real life, bad actors, con artists and CEOs run amok exactly as much as they're allowed to.
Completely deregulate and go full retard (to use what ought to be, but isn't, a more politically correct and inoffensive term for 'free market') and you only guarantee without a shadow of a doubt that your OCRACY is the farthest possible thing from MERIT.
In the best of all possible hypothetical worlds, the best you could hope for is that merit is not actively a disadvantage: nobody's penalized for wasting time and effort getting good. In this world, that's time better spent learning to con people, or building up a social media herd of suckers to fleece, and choose wisely.
Please never all-capitalize meritocracy again. As it is a malicious lie in the absence of a serious and well-organized and administered system with coherent goals and definitions of 'merit', it doesn't deserve even one capital letter, really.
Next you'll be telling me Google, and YouTube, are meritocracy in action. Or Uber.
These guys are watching out for us and don't want the little guy to get hurt.
Instead make insurance compulsory and a general service for all without any deductibles. Your payment is determined based on your income. So if you do not have any income you are insured but have to pay nothing. Yes you call that socialism. I call it security. For example, until last month, I was working for the university. Presently, I am unemployed, because the project funding ended and a follow up project is still in the process to be granted (or not granted). So in the mean time, I get my money from unemployment insurance, they also pay my healthcare insurance, and my retirement fund.
That's cute.
if THEY set your schedule, like Lyft or any of the other 'shared jobs" YOU ARE A SERF.
This is just the corporate attempt to not pay for the value of that availability at schedule and submission to working conditions without prior knowledge or leverage.
Face it, the goal isn't serfdom
It is slavery
As a Brit who enjoys the benefit of the NHS - which REALLY is free at the point of demand - I tend to forget just how messed up the US system is. If we spent the same proportion of our GDP on health as you do, it would give us an amazing service. We spend about half, and achieve about 95% of what you do.
The model of relying on a business to provide benefits to its employees in lieu of the government or the employees themselves turns the employee into a serf, unable to leave in fear of losing their benefits.
Which is I think a part of why Republicans seem to hate "Obamacare" so much. They've lost their leverage to keep people subservient.
COBRA [dol.gov] was the last grand experiment in government meddling in "portable" healthcare benefits and it was by all accounts a miserable failure.
It wasn't a failure. COBRA did more or less what it was designed to do. It was designed to be a bridge, not ongoing portable insurance. The system around it was the failure. Used to be that if you lost your job you lost your health insurance too so you were doubly screwed. COBRA gave an (expensive) safety net option but it couldn't possibly solve the actual problem that was eventually solved with the Affordable Care Act. I've used COBRA insurance twice and it was fine for what it was.
Contractors need to realize that they already get healthcare, retirement, sick days, etc., it's just that they need to manage them. The company manages some or all of those things for employees, but if a contractor wants the company to manage it for them there will be a commensurate cut in pay. It really is that simple
Yeah this is pretty simple, and not new. One of the major reasons contract jobs pay more in cash is because they don't provide payment in the form of the employer paying your insurance and vacation. So you use some of the extra cash to buy insurance, on the Blue Cross web site - just like you'd buy anything else.
I recently had two job opportunities - a regular employee at a IT security company for $x + insurance, or a contract with Apple for $20,000 more, and no insurance . The insurance and such included with the employment is worth about $14,000, and the stability is worth something, so I took the employment offer. I didn't expect $20,000 more PLUS they'd pay my insurance.
For those of you as contractors, I highly recommend The Freelancer's Union (https://www.freelancersunion.org/). Liability, disability, and life insurance, all reasonable. Even medical and dental insurance in some places, like NYC.
Reasonable prices, and fast customer service.
Disclaimer: I'm just a happy customer/client/member, whatever you wanna call it.
Compensation is codified in the law. Benefits are not.
What they company must legally provide for you is not called a benefit. Sick leave, health insurance, etc in America provided by the employer is most definitely a benefit. Much of the rest of the western world doesn't use this term "benefit" to describe these as they are mandated part of the compensation packages for employment.
I.e. even in Australia if you want to pretend you're a contractor you're legally required to separate a portion of your earnings for pension, sick leave and holiday leave.
In the US all or most states require you to have liability insurance to pay for any injuries or death, required just like the ACA mandates/requires you to buy health insurance.
Guess what, some people don't. Or they just pay the initial premium to show coverage and then let the policy lapse.
So some states also mandate that you have additional coverage in case the other guy is un-insured or under-insured (i.e. not enough to cover your co-pay).
These APP companies are the un-insured guys. They could be responsible and provide benefits typical of the jobs they provide, but instead they want it to be somebody else's problem.
Did anyone notice that they didn't actually propose anything beyond 1) we shouldn't have to pay and 2) stop suing us.
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That's why contract workers should be paid a lot more than an employee.
If I find myself without a contract, I don't go bitching to a lawyer that I should have been classified as an employee and was unjustifiably dismissed.
I accept that fact I am self employed. It helps I get paid twice as much as the employees I sit next to for doing the same job.
When I started in Engineering some of my friends decided to become contractors. They would typically make about twice my pay when they had work. The temp agencies they worked for took a cut and provides the benefits like health insurance. Of course this was 20 years ago so it was easy to find a cheap high deductible policy before they were banned.
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My industry uses something akin to a "collective benefits association" that handles benefits for employees that would work for multiple locations in the same industry. The company pays that association $X/hr for the employee and the benefits are distributed centrally by that association to the employees for all the pay received from multiple companies. This is for people classified as employees, not contractors. The association has to be adequately staffed though because their benefits are pro-rated by employer by work share, and each employer must report those benefits (like vacation pay) to unemployment agencies for taxation. The pro-rating and reporting to employers by the association helps avoid double taxation of unemployment and FICA matching for the employers. Its a lot of work, but it gets the job done and is probably the best solution manageable for employees who are classified as employees and work at multiple locations for multiple employers.