Michael Hiltzik: Uber, Lyft faces a gigantic labor law calculation

Published

4 years ago

July 3, 2020

Michael Hiltzik: Uber, Lyft faces a gigantic labor law calculation

If there is doubt that California Atty. General Xavier Becerra and his supervisors were fed up with the constant harassment by Uber and Lyft from the state’s new performance workers law, he was eliminated by recent legal movement to force companies to comply.

In their June 24 filing, Becerra and Los Angeles, San Diego and San Francisco lawyers asked state judges in San Francisco to issue an initial court order ordering companies to immediately classify their drivers as employees rather than independent contractors.

That is required by the state performance workers’ law, known as AB 5. “It’s time for Uber and Lyft to acknowledge their responsibilities and the people who make them successful: their workers,” Becerra said on the day when the motion was filed .

After eight years of searching for other ways, California officials finally upheld the rule of law of what was called a performance company.

Veena Dubal, UC Hastings Law School

It should not surprise anyone that Uber, Lyft and other gig economic companies see it differently and are preparing to fight – including a multi-million-dollar voting initiative campaign – where their survival might be at stake.

Appointed as an independent contractor, the driver is not protected by minimum wages and overtime rules, does not receive workers’ compensation or unemployment insurance benefits, and must pay for himself gas, insurance, vehicle maintenance, and Social Security taxes. They do not have the right to join or organize into trade unions.

Avoiding appointing employees as independent contractors is not new. He was born in the famous anti-labor Taft-Hartley amendment in 1947, which was the first to make an exception.

But it is common in an entrepreneurial economy where high initial costs encourage business owners to look for savings in a market where “work tax and other workplace obligations seem low hanging fruit, “As observed by Elizabeth J. Kennedy of Loyola University in Maryland.

Uber, Lyft, and other show economy companies have exploited weak American regulations to build a business that is addicted to forcing business costs onto the shoulders of important workers.

However, it is not clear that their exploitation of workers has resulted in a sustainable business model. Uber and Lyft admit in financial disclosures that they might never be profitable under the present circumstances and that things would be worse if they had to classify their drivers as employees. (Uber has lost $ 15.7 billion and Lyft $ 4.2 billion in the past three calendar years.)

Action Becerra – the latest chess movement in her lawsuit originally submitted May 22nd – is just one of several California branch of officials addressed to show entrepreneurs due to alleged misclassification of employees in recent weeks. San Francisco Dist. Atty Chesa Boudin suing DoorDash shipping service on June 16 to classify its sending workers as independent contractors.

One week earlier, the California Public Utilities Commission, which had carved out special regulations for “transportation network companies,” notified companies that as of January 1 their drivers “were considered an employee“And informs that the law requires that they provide drivers Workers’ compensation benefits starting July 1.

Becerra’s actions have been praised as past initiatives to protect workers’ rights.

“After eight years of searching for other ways, California officials finally enforced the rule of law against this so-called performance company,” Veena Dubal, a labor law expert at UC University’s Law School, told me. “Because regulators choose not to enforce existing labor laws against companies, they are allowed to grow precarious work – not only in this state, but throughout the world.”

This is not a one-sided battle. These companies are fighting Becerra’s lawsuits and, perhaps, more importantly, doing so put the size on the November ballot to flip AB 5.

Their size, which will emerge as Proposition 22, will effectively appoint application-based drivers such as those who work for Uber and Lyft permanently as independent contractors and forbid countries or regions to enforce regulations to treat them as employees.

The companies have provided campaign initiatives with coffins of $ 110 million so far – $ 30 million each from Uber, Lyft and DoorDash and $ 10 million each from Postmates and Instacart, two other shipping services. So it’s important for us to look more closely at its size.

Proposition 22 seeks to create a new workplace model – a hybrid of independent contractors and an employment model.

The companies said they would maintain “flexibility” to set the days and hours of work someone thinks they value by drivers who want to work around schools, care and other jobs, while guaranteeing minimum wages and access to health coverage.

The move will guarantee drivers income of at least 120% of the applicable minimum hourly wage, subsidies for health coverage and protection against arbitrary dismissal.

The companies claim that most of their drivers support the remaining independent contractors. But it was misleading because the driver fell into two separate camps. One consists of true part-time workers who record minimal hours, often leaving work completely after several months, and appreciate the flexibility they are proud of. The other is a full time driver who may spend 40 to 50 hours a week on the road.

About 70% to 80% of drivers can drive 20 hours a week or less, said Harry Campbell, a former driver for Uber and Lyft who now runs therideshareguy blogs, information services for drivers. Full time management, even though it is less, accounts for more than 50% of work hours through a corporate application.

“For most drivers, this is not full-time income, so it’s not surprising that they want to remain an independent contractor,” Campbell said. “But drivers who work 40 to 50 hours a week basically work like employees without any benefit or protection. They are at the forefront of efforts to make companies accountable for treating drivers like employees. “

And they are drivers who bear the burden of change posed by Proposition 22. However, Campbell says that when even part time becomes educated about what AB 5 will do for them and that the law will not prevent companies from giving them some of the flexibility they desire, “some of them changed their opinions about the law.”

There is no doubt that the main beneficiary of Proposition 22 is the company itself. If they are forced to classify their drivers as employees, according to the state’s nonpartisan Legislative Analyst’s Office, the higher costs generated will “reduce the long-term profitability of these companies, which can reduce the market value of the company’s shares and stock prices.”

The move will impose some new costs on the company, but those costs may be “small,” the Office of the Legislative Analyst considers.

Indeed, the compensation and benefits that companies will pay under Proposition 22 will be far from the costs that must be borne by their drivers. The UC Berkeley Labor Center estimates in October that 120% of California’s hourly minimum wage of $ 13 in 2021, or $ 15.60, will effectively shrank to $ 5.64 per hour because of the provisions in the initiative.

For example, drivers will be paid only for “engagement” time, from when they are traveling to pick up passengers or delivery to when they deliver the driver or package, not for waiting time between assignments. That is one third of their work time, Berkeley estimates, reducing $ 15.60 to only $ 10.45.

Some drivers will get an allowance of up to about $ 367 per month for health insurance, which can be applied to the California Affordable Care Act plan or other plans. But it will be given only to drivers on average 25 hours of work a week or more. Those who have 15 to 25 hours will receive half, and those who have less than 15 hours will not receive anything.

“Most drivers will not be eligible” for their benefits, Berkeley said.

Uber and Lyft have chosen to emphasize the intended consequences of upholding AB 5, rather than the real facts of their working relationship. They paint pictures of drivers who lose their rights set aside and are unable to trade.

They even hinted that AB 5 could make them completely out of business. Stacey Wells, spokesman for the Proposition 22 campaign, said that if the initiative failed, the company might have to downgrade their drivers, numbering as many as 400,000 in California, by 90% to accommodate the additional costs of caring for drivers. as an employee.

But by definition that makes sense, the company’s drivers are employees. According to the rules established by the California Supreme Court in decision 2018 and codified in AB 5, businesses must consider the employees of the workers unless they can meet three part test shows that workers are free from the control and direction of the hiring business, that they are doing work outside the normal activities of the hirer business, and they usually work independently in the trade or the same work as the work they do.

Becerra argues that Uber and Lyft cannot fulfill these elements. Drivers are involved in the company’s main transportation business; their compensation is determined by the company, which can change it unilaterally; its performance is monitored by the company; with the exception of the choice of hours they wish to drive, all terms and conditions of their work are determined by the company.

Uber and Lyft maintained from the start that they were excluded from AB 5 because they were not really transport companies, only software suppliers that drivers and passengers used to arrange trips.

Some courts reject the argument – “Uber would not be a viable business entity without a driver,” U.S. District Judge Edward M. Chen from San Francisco declared in 2015.

Over the next few months, as developing country lawsuits go through the courts and election day draws nearer, the viability of the show company’s business model will be tested. It should not be ignored how many models depend on the exploitation of workers.

“This initiative will set very low labor standards into law,” Dubal said, “canceling more than a century of norms around living wages and protecting the safety net for workers.”

It is true. The power of workers to ensure decent working conditions has declined in America for more than half a century. Proposition 22 will speed up slides.

Goodwin Townsend

General internet buff. Hardcore music maven. Typical foodaholic. Friendly student.

All Your Acrylic Nail Questions Answered: From Application to Care

Published

2 months ago

October 16, 2024

Herb Adkins

Acrylic nails are a popular choice for those looking to add length, strength, and style to their natural nails. Whether you’re new to the world of acrylics or a seasoned nail enthusiast, there are always questions that arise about the application, maintenance, and overall care of these enhancements. This guide will answer all your acrylic nail questions to ensure your next manicure is a complete success.

What Are Acrylic Nails?

Acrylic nails are artificial nail enhancements made from a mixture of liquid monomer and powder polymer. When combined, they form a hard protective layer that can be molded into various shapes and lengths. Once hardened, they provide a durable and long-lasting canvas for nail polish, art, or simply a natural look. For more in-depth information, check out Acrylic Nail FAQs to get all the details you need before your next salon visit.

How Are Acrylic Nails Applied?

The application process of acrylic nails begins with the preparation of your natural nails. The nail technician will clean your nails, file them down, and apply a bonding agent to help the acrylic adhere. The acrylic mixture is then applied in thin layers, sculpted to the desired shape, and allowed to dry. Once set, the nails are filed, shaped, and buffed to a smooth finish.

Acrylic nails can be customized in terms of length and shape, making them a versatile choice for anyone looking to enhance their look.

How Long Do Acrylic Nails Last?

Typically, acrylic nails can last anywhere from two to three weeks before requiring a fill. During a fill, the nail technician will replace any grown-out acrylic and maintain the structure of the nails. With proper care, acrylic nails can be worn for extended periods, but it’s essential to give your natural nails a break occasionally to maintain nail health.

How Do You Care for Acrylic Nails?

Caring for acrylic nails is crucial to ensuring they last as long as possible and that your natural nails remain healthy underneath. Here are some essential tips:

Avoid excessive water exposure: Prolonged exposure to water can weaken acrylic nails, making them prone to lifting or damage. When washing dishes or cleaning, consider wearing gloves to protect your nails.
Moisturize cuticles regularly: The acrylic application process can sometimes dry out your cuticles. Regularly apply cuticle oil to keep your cuticles hydrated and prevent hangnails.
Be gentle with your nails: Acrylics can be strong, but they’re not indestructible. Avoid using your nails as tools to open packages or scrape things, as this can lead to breakage.
Schedule regular fills: As your natural nails grow, gaps will appear between the acrylic and your cuticles. Regular fills ensure your nails maintain a smooth, polished look and help prevent lifting.

How Do You Remove Acrylic Nails Safely?

Proper removal is crucial to avoid damaging your natural nails. It’s highly recommended to have acrylics removed by a professional at the salon. However, if you prefer to remove them at home, follow these steps:

Soak in acetone: Start by soaking a cotton ball in acetone, then place it on each nail. Wrap your fingers in aluminum foil and allow the acetone to work for about 20 minutes.
Gently scrape off the acrylic: After soaking, use a cuticle pusher or an orange stick to gently scrape off the softened acrylic. Be patient and avoid forcing the acrylic off, as this can damage your natural nails.
Buff and moisturize: Once the acrylic is completely removed, buff your natural nails to smooth out any rough spots and apply cuticle oil to restore moisture.

Are Acrylic Nails Safe for Your Natural Nails?

When applied and removed properly, acrylic nails should not cause significant damage to your natural nails. However, improper removal or overuse without giving your nails time to breathe can lead to thinning, weakening, or breakage of your natural nails.

If you plan on wearing acrylic nails long-term, it’s a good idea to take breaks between applications and ensure you’re nourishing your nails with oils and treatments.

What Are the Best Acrylic Nail Shapes?

Choosing the right nail shape is essential for creating a look that complements your hands. Some of the most popular acrylic nail shapes include:

– Square: A straight-edged, classic look perfect for shorter nails.

– Oval: A soft, rounded shape that elongates the fingers.

– Coffin: Also known as ballerina shape, this trendy look features a tapered edge with a flat tip.

– Stiletto: A dramatic, pointy shape ideal for those who want a bold statement.

Each shape offers a unique aesthetic and can be tailored to suit your personal style.

Are There Any Alternatives to Acrylic Nails?

If you’re looking for a different type of nail enhancement, consider these alternatives:

– Gel nails: Gel nails offer a glossy finish and are cured under UV or LED light. They’re less rigid than acrylics and can feel more natural.

– Dip powder: This method involves dipping the nails into a colored powder and sealing them with a clear coat. It provides a similar look to acrylics but is generally less damaging to the natural nails.

Conclusion

Acrylic nails are a versatile and durable option for achieving customized, beautiful nails. By understanding the application process, knowing how to care for them, and safely removing them, you can enjoy long-lasting manicures that enhance your style. With the ability to choose from a variety of shapes and designs, acrylic nails offer endless possibilities for self-expression. Remember to take care of your natural nails in between applications to keep them healthy and strong. Whether you’re a first-time user or a seasoned pro, acrylic nails can be a fantastic way to express your personality and keep your nails looking flawless for weeks.

Herb Adkins

Proud web evangelist. Travel ninja. Creator. Freelance food nerd. Passionate bacon fanatic.

Jacqueline Troost Omvlee – A Tool in the Hands of the Russian Elite

Published

3 months ago

September 26, 2024

Herb Adkins

When sanctions were imposed on Russia for its war against Ukraine, their objectives were twofold: to reduce Russian military capacity by limiting modern weapons and to lower Russian revenue streams. While in the beginning, the sanctions indeed weakened the Russian economy, they have fallen short of their initial objectives – mostly because Russia has found ways to circumvent many of them. The Kremlin has exploited international corruption, relied on foreign third parties, and utilized loopholes in trade restrictions. One such individual who allegedly provides services to Russian-linked companies is Jacqueline Troost Omvlee, a Geneva-based Dutch citizen.

Jacqueline Troost Omvlee is married to Niels Troost, an oil trader sanctioned by the United Kingdom. He and his company, Paramount Energy & Commodities SA, are among the 50 individuals and organizations blacklisted in response to the business connections with Russia. His wife, Jacqueline, helps to facilitate financial transactions for Niles Troost and Russian oligarchs including Gennady Timchenko, a Russian billionaire oil trader and Putin`s close associate.

Gennady Timchenko and his family have been sanctioned in many countries for backing the Kremlin’s war machine. However, with the help of Jacqueline Troost Omvlee, he seems to find ways to evade sanctions and continue his financial operations. In these illegal schemes, individuals like Jacqueline often serve as a front person for sanctioned oligarchs and their business assets. Russian-linked companies set up subsidiaries around the world, often registering new entities in offshore havens or countries where regulations are relatively lax or non-existent. To obfuscate the arrangements, the daughter companies spawn offspring in the form of subsidiaries, as the chain of concealment stretches on and on. The result is like a giant Matryoshka doll.

Jacqueline’s involvement in financial transactions that potentially support Timchenko’s interests raises significant concerns about the efficacy of Western sanctions. The fact that Jacqueline Troost Omvlee continues to operate without facing sanctions herself highlights a significant loophole in the enforcement mechanism. Various shady schemes and tactics designed to circumvent sanctions often hide the activity of individuals such as Jacqueline, making it difficult for authorities to detect and punish them for their involvement.

Jacqueline Troost Omvlee’s role in her husband’s financial dealings as well as her alleged ties to Russian business schemes, emphasizes the need for stronger international sanctions. Her actions not only aid in sanctions evasion but also diminish the overall effectiveness of the measures designed to isolate and pressure those supporting the Russian regime. Therefore, sanctioning Jacqueline Troost Omvlee is not only a matter of addressing her individual actions but also a necessary step to reinforce the credibility and effectiveness of the sanctions regime. By targeting individuals who play a key role in evading sanctions, authorities can send a strong message that efforts to undermine international sanctions will not go unpunished. This measure is crucial for maintaining the integrity of the sanctions system and ensuring that it achieves its intended goal of isolating and restraining those who support destabilizing activities.

European countries and the US need to expand their sanctions-tracking and investigative actions to improve the monitoring of sanctions compliance and to introduce new measures against systematic violators of law. The sanctioning states have the resources and capacity for this, and need to take action now.

Herb Adkins

Proud web evangelist. Travel ninja. Creator. Freelance food nerd. Passionate bacon fanatic.

Hermann’s Tortoise Lifespan: How to Ensure a Long, Healthy Life

Published

3 months ago

September 16, 2024

Herb Adkins

Ensuring a long and healthy life for your Hermann’s Tortoise requires a combination of proper care, nutrition, and habitat management. Hermann’s Tortoises, known for their charming personalities and distinctive shells, can live for several decades with the right conditions. Understanding their needs and providing a suitable environment is key to helping them thrive. Here’s how you can support your Hermann’s Tortoise in living a long, happy life.

Creating an Optimal Habitat

One of the most critical factors in promoting the longevity of your Hermann’s Tortoise is the creation of a suitable habitat. Providing an environment that mimics their natural surroundings is essential for their overall health. An appropriate habitat helps prevent stress and supports their well-being. For detailed guidance on setting up an ideal habitat, including specific requirements for outdoor enclosures, visit this comprehensive guide on Habitat for Hermann’s Tortoise.

Outdoor Enclosure: Hermann’s Tortoises thrive in outdoor enclosures that provide ample space to roam, bask, and forage. An outdoor setup should include a secure, predator-proof area with access to natural sunlight. Incorporate areas for basking and shade to allow the tortoise to regulate its body temperature. Additionally, include plants, rocks, and hiding spots to simulate their natural habitat and encourage natural behaviors.
Indoor Habitat: If an outdoor enclosure is not feasible, an indoor habitat can also support a long lifespan if set up correctly. Use a large, well-ventilated enclosure with appropriate heating and UVB lighting. Provide a substrate that allows for burrowing and offer various hiding spots and enrichment items.

Diet and Nutrition

A balanced diet is vital for maintaining the health and longevity of your Hermann’s Tortoise. They are primarily herbivores, and their diet should reflect their natural feeding habits.

Leafy Greens: Offer a variety of leafy greens such as kale, collard greens, and dandelion greens. These vegetables provide essential vitamins and minerals that support overall health.
Vegetables and Fruits: Supplement their diet with other vegetables like carrots, squash, and bell peppers. Fruits should be given in moderation due to their high sugar content.
Calcium and Supplements: Provide a calcium supplement to support shell and bone health. A cuttlebone or powdered calcium can be added to their food. Ensure that they also have access to fresh, clean water at all times.

Regular Health Checks

Routine health checks are essential for early detection of potential health issues. Regular veterinary visits help ensure your tortoise remains in optimal condition and addresses any health concerns promptly.

Observation: Monitor your tortoise’s behavior and physical condition regularly. Changes in appetite, weight, or activity level can indicate health problems.
Preventative Care: Schedule annual check-ups with a veterinarian experienced in reptile care. Regular exams help catch any issues early and keep vaccinations and other preventative treatments up to date.

Environmental Enrichment

Providing environmental enrichment helps keep your Hermann’s Tortoise mentally stimulated and active. Enrichment can reduce stress and prevent boredom, contributing to a better quality of life.

Foraging Opportunities: Hide food items around the enclosure to encourage natural foraging behavior. This not only provides mental stimulation but also mimics their natural hunting practices.
Variety: Change the layout of their enclosure periodically and introduce new objects or plants to keep their environment interesting and engaging.

Conclusion

By focusing on creating the right habitat, providing a balanced diet, ensuring regular health checks, and offering environmental enrichment, you can significantly enhance the lifespan and well-being of your Hermann’s Tortoise. For further details on creating an ideal habitat, including tips for designing an outdoor enclosure, refer to this helpful guide on Habitat for Hermann’s Tortoise. Implementing these practices will help ensure that your tortoise enjoys a long, healthy life.

Herb Adkins

Proud web evangelist. Travel ninja. Creator. Freelance food nerd. Passionate bacon fanatic.