MORNING EVERYONE AND WELCOME TO
THIS ON THE COMMITTEE ON LABOR
AND EMPLOYMENT INFORMATIONAL
HEARING.
ON DYNAMAX AND BEYOND UNDERSTAND
THE LEGAL AND POLICY LANDSCAPE
OF WORKER CLASSIFICATION IN
CALIFORNIA.
THIS MORNING WHAT OPPORTUNITY
HERE FROM ACADEMICS RESEARCHERS.
EMPLOYERS AND EMPLOYEE ADVOCATES
REGARDING THE DYNAMICS DECISION
AND ITS CONSEQUENCES FOR THE
TREATMENT OF WORKERS.
UNDER OUR LABOR LAWS.
WE HAVE A FAIRLY LONG AGENDA A
LOT OF MEMBERS IN THE PUBLIC --
SHOWING INTEREST AND I'M SHOW AT
LEAST WANT TO BE HEARD IDENTIFY
THEMSELVES ON ON THE ISSUE SO --
I'M ASKING ALL OF OUR WITNESSES
TO KEEP YOUR TESTIMONY THE TIME
WE HAVE A LOT A TO IT ALSO GIVES
OPPORTUNITY --
AS MANY NO DURING THESE
INFORMATION HEARINGS MEMBERS
COME IN AND OUT AND SO GOES
OPPORTUNITY FOR MEMBERS IF THEY
DO HAVE QUESTIONS. TO ASK
QUESTIONS AS WELL AND ASSUREDLY
THIS IS NOT GONNA BE THE FIRST
OR LAST TIME THAT FOLKS GOING TO
BE ABLE TO BE HEARD ON THIS
ISSUE BUT I THINK IT'S AN
IMPORTANT OPPORTUNITY. FOR US TO
HAVE THIS CONVERSATION AND AND
HAVE A OF SOME PUBLIC DISCOURSE
ON THE ISSUE.
SINCE WE DO ANTICIPATE THAT
THERE WILL BE A LOT OF PUBLIC
COMMENT I JUST WANT TO SET THE
EXPECTATION RIGHT NOW BECAUSE WE
DO HAVE A HARD STOP WE DO NOT
HAVE THIS COMMITTEE WILL IN THE
AFTERNOON.
WE DO HAVE A CAUCUS LUNCHES TO
GO -- TO SO
I ANTICIPATE --
GIVEN THE THE CROWD I ANTICIPATE
THAT WILL LIKELY ALLOW PUBLIC
COMMENT TO BE THIRTY SECONDS
WHICH IS KIND OF LIKE A GENEROUS
ME TO WHERE YOU CAN EXPECT.
EXPRESS WHO YOU ARE WHO YOU'RE
WITH AND A AND A ONE OR TWO
SENTENCES ON AS TO YOUR POSITION
OR QUESTIONS THAT YOU MIGHT HAVE
THAT YOU'D LIKE.
US TO LOOK LOOK FURTHER INTO SO
I JUST WANT TO LET FOLKS KNOW
THAT BOTH HERE AS WELL AS
OUTSIDE.
THE ROOM --
OF THAT NOW AND THAT WE REALLY
WANT THIS TO BE AN OPPORTUNITY
TO HEAR.
FROM SOME OF OUR WITNESSES TO
HEAR FROM SOME OF THE THE
ACADEMICS AND SUCH AS WELL AS
OUR EMPLOYER AND EMPLOYEE --
THOUGHTS ON THIS ISSUE AS WELL
SO THIS IS REALLY AN OPPORTUNITY
TO INFORM COMMITTEE MEMBERS EVEN
COMMITTEE MEMBERS ARE HERE THEY
AND THEIR STAFFS WILL WILL YOU
HAVE THE OPPORTUNITY BILL TO
WATCH THIS AND WHAT'S GOING ON
OR SUBSEQUENTLY SO.
I DON'T FEEL LIKE I'VE IT WAS
BECAUSE WE DON'T HAVE A FULL DAY --
FOLLOWED BY A LOT OF FOLKS AND
THAT'S A GOOD THING.
AND YOU KNOW SO WHEN WE TALK
ABOUT.
THE FUTURE OF WORK AND WORKPLACE
INNOVATION --
WE HAVE TO TALK ABOUT HOW THE
LAW DEFINES A WORKER AND THE
REASONING.
OF THE COURT IN ESTABLISHING THE
A. B. C. TESTING DYNAMAX --
SEEKS TO CREATE A SIMPLER AND
CLEARER STANDARD OF WHO AN
EMPLOYEE IS FOR BASIC WAGE
OVERTIME PROTECTIONS.
I THINK WE CAN ALL AGREE THAT
CLARITY ON HOW THE CLASS I
WORKERS IMPORTANT SO THAT
EMPLOYERS AND EMPLOYEES ALIKE
UNDERSTAND THEIR RIGHTS.
AND RESPONSIBILITIES ON THE LAW --
HOWEVER --
CONVERSATIONS ON THE FUTURE OF
WORK MUST GO BEYOND DEFINING
LEGAL DEFINITIONS WORKER MISS
CLASSIFICATION IS SIGNIFICANT
AND ONGOING ISSUE WITH REAL
ECONOMIC A SOCIAL CONSEQUENCES.
FOR EVERY DAY WORKING PEOPLE BUT
EVEN SEPARATE FROM THIS ONE
ISSUE THERE'S A LOT OF
CONVERSATIONS WE NEED TO
CONTINUE TO HAVE --
BOTH EMPLOYERS EMPLOYEES A
CERTAINLY FOLKS IN THIS BUILDING
IN TERMS LEGISLATORS ON WHAT THE
FUTURE OF WORK MEANS AND AND HOW
WE BETTER DEFINE IT.
AS IT CONTINUES TO CHANGE --
NOW WE'RE NOT HEARING ANY BILL
TODAY AND SO I WANNA LET FOLKS
MAKING A BIG MAKE THAT CLEAR TO
FOLKS THIS IS NOT ABOUT ANY ONE
OR NUMBER OF BILLS.
THIS IS ABOUT THE GENERAL ISSUE
ABOUT SETTING THE CONTEXT ABOUT
INFORMING THE MEMBERS MOST
IMPORTANTLY AND SO --
I JUST WANT TO MAKE THAT CLEAR
AS WELL FOR BOTH THOSE IN THE
AUDIENCE AS WELL AS THOSE
OUTSIDE --
THAT THIS IS --
AN OPPORTUNITY FOR ALL OF US TO
GET A BETTER SENSE.
OF WHAT THIS CASE MEANS AND AND
ISSUE OF MISS CLASSIFICATION AS
A GENERAL PROPOSITION.
A AND SO THAT BEING SAID --
I WOULD LIKE TO OFFER AN
OPPORTUNITY IF IF ANY MY
COLLEAGUES LIKE TO SAY A FEW
WORDS IN AND AN OPENING BEFORE
WE GET TO OUR WITNESSES.
IT IS ALSO.
AB.
WELL FIRST OF ALL AND I'M SORRY
NOT PREPARED FOR OPENING
STATEMENTS I THINK I'D RATHER
WAIT -- AND
MAKE SOME CLOSING STATEMENTS
WHEN THIS IS ALL SAID AND DONE
BUT I AM THANKFUL FOR THE
WITNESSES ARE COMING FOR TODAY
AND WANT TO REMIND FOLKS --
AGAIN REGARDLESS OF I GUESS
WHAT'S BEEN PUT ON SOCIAL ME AND
EVERYTHING ELSE THIS IS OF
COURSE ABOUT THE DYNAMICS
DECISION AND NOT ANY PARTICULAR
BILL -- BUT
I THINK THAT IF WE CAN INFORM
OURSELVES AND FORTUNATELY I
THINK SO MUCH OF THE COVERAGE
AND AND DISCUSSION IN DOESN'T
QUITE.
GET TO THAT IS THE NATURE OF
WHAT THE LAW WAS WHAT THE LAW IS
TODAY --
WITH OR WITHOUT ANY.
LEGISLATION AND SO I WANNA MAKE
SURE THAT THAT'S REALLY CLEAR
AND THAT WE'RE TALKING ABOUT HOW
THINGS WORK.
PRE A DYNAMICS HOW THINGS ARE
TODAY -- ARE
EXPECTED TO BE TODAY AND THEN WE
CAN LOOK AT WHERE THINGS MIGHT
GO TOMORROW SO THANK YOU FOR
COMING IN AND THANK YOU FOR
GIVING US YOUR TIME.
THANK YOUS AMERICANS OSSINING
COMMENTS AND CARRILLO.
READY GO ALL RIGHT.
THANK YOU --
AND SO WITH THAT WE WILL HAVE
OUR FIRST PANEL ON THIS IS GONNA
BE A LITTLE BIT MORE SUBSTANTIVE.
AS WE'RE GONNA ALLOW THE
PANELISTS I DO ASK ALL THE
PANELISTS ON THIS ONE AND AND
SUCH COMPOUNDS. TO STICK TO THE
ALLOTTED TIME --
BECAUSE WE DO AGAIN HAVE A HAVE
A BIG AND TO HELP UNDERSTAND --
WORKER MISS CLASSIFICATION IN
GENERAL.
AND SO WITH THAT WE HAVE MY
ANTHRO MIDTERM STRATEGIC
PARTNERSHIPS DIRECTOR WITH
NATIONAL PLAMEN Là PROJECT --
WILL BE FOLLOWED BY RETIRED
JUDGE JOHN TROOP.
AND PROFESSOR OF BEING A NEW
BALL WITH THE UC HASTINGS SCHOOL
OF LAW --
AND WE DO HAVE TIME ALLOTTED
AFTER THEY ALL SPEAK. FOR A
QUESTIONS OF ANY COMMITTEE
MEMBERS HAVE QUESTIONS BUT YOU
KNOW IF ANYONE HAS A BURNING
QUESTION WHILE THEY'RE SPEAKING
CERTAINLY FEEL FREE --
TO GOT A CALL THAT TO MY
ATTENTION.
SO -- MISS
MADE THAT PLEASE.
DO I NEED TO DO ANYTHING TO THE
FRONT.
I DON'T KNOW IS IT ON OKAY GREAT
[inaudible]
OKAY.
OKAY GREAT UP THANK YOU SO MUCH
FOR INVITING ME TO OPEN THE
CONVERSATION TODAY --
MY NAME AGAIN IS NINTH ARMY THE
WITH THE NATIONAL IN A LOT
PROJECT THEM IN A BERKELEY
OFFICE --
NATIONAL WHEN LOW PROJECT OR NOW
IS A NATIONAL LEGAL RESEARCH AND
POLICY ORGANIZATION WERE BASED
IN NEW YORK --
BUT WE HAVE OFFICES IN WATCH
WASHINGTON DC HAVE BEEN AT THE
END OF THIS IS THE AWKWARDLY
CLOSE GREAT BUT OKAY MAKE SURE.
TO TO NATIONAL PLAN LET PROJECT
NOW BUT IS BASED IN NEW YORK WE
HAVE OFFICES IN WASHINGTON DC
SEATTLE BERKELEY AND WE WORK ON
ISSUES --
POLICIES WE WORK TO ADVANCE
POLICIES THAT SUPPORT THE RIGHTS
AND OPPORTUNITIES FOR WORKERS IN
LOW INCOME JOBS.
AND TO STRENGTHEN PROTECTIONS
AND HAS BEEN ON THE WAYS THAT
EMPLOYERS STRUCTURE WORK
ARRANGEMENTS OUTSIDE THE
TRADITIONAL EMPLOYMENT
RELATIONSHIP --
FOR EXAMPLE THROUGH
SUBCONTRACTING A TEMPER STAFFING
AGENCIES FRANCHISEE MODELS OR
INDEPENDENT CONTRACTOR
INSTRUMENTS
ON ON THE REASON WE FOCUS ON THE
STRUCTURES IS THAT THEY ARE TOO
OFTEN THE DRIVERS OF LABOR
STANDARDS EROSION.
AT RISING INCOME AND WEALTH
INEQUALITY IN DURING ANY
INVOLVING A STRUCTURAL RACISM IN
OCCUPATIONAL SEGREGATION AND THE
SHIFTING OF POWER AWAY FROM
WORKERS SO THAT'S OUR
ORGANIZATIONAL INTEREST IN THIS
PARTICULAR ISSUE --
AND SO I'M GONNA JUST.
I'M SURE UP HERE WHAT I'M GONNA
COVER IN THE NEXT FEW MINUTES
JUST A REALLY BROAD OVERVIEW I
HAVE SOME.
REPORT A REPORT --
THAT A LOT OF THE THE MATERIAL
AND THE PRESENTATION REFERENCES --
WE'VE A LOT MORE RESOURCES ON
OUR WEBSITE AND A LOT OF OTHER
THERE'S A LOT OF OTHER GREAT
RESEARCH ON THESE ON THE TOPIC
SOME IS GONNA.
GONNA GIVE A BIG PICTURE AROUND
WHAT IS MISS CLASSIFICATION AND
I'LL SAY WHAT THAT TERM MEANS
WHAT ARE THE CONSEQUENCES FOR
WORKERS WHEN THEY'RE
MISCLASSIFIED WHAT ARE THE COST
TO THE ECONOMY.
AND THEN WHAT ARE LEGISLATURE'S
AGENCIES COURTS DOING TO RESPOND
TO THE PROBLEM THIS
CLASSIFICATION AND WHERE DOES
THE DYNAMICS DECISION FIT WITHIN
THAT CONTEXT.
I'M SO MISS CLASSIFICATION IS
WHAT HAPPENS WHEN A WORKER IS
PUT INTO THE WRONG CATEGORY WHEN
THEY ARE IN EMPLOYEE BUT THEIR
EMPLOYER CALLS THEM AN
INDEPENDENT CONTRACTOR --
AND OFTENTIMES A WORKER IS MADE
ME TO AGREE TO INDEPENDENT
CONTRACTOR STATUS AS A CONDITION
OF HAVING THE JOB --
CERTAINLY SOME EMPLOYERS MAY
UNINTENTIONALLY CLASSIFY WORKER
AS AN INDEPENDENT CONTRACTOR OUT
WHEN IN FACT THEY SHOULD BE AN
EMPLOYEE --
BUT TOO OFTEN WE SEE IT HIS WORK --
INTENTIONAL EFFORTS BY EMPLOYERS
TO EVADE THE LAW --
IN THE PRACTICE IS ALSO
SOMETIMES CALLED PAYROLL FRAUD --
BECAUSE THE EMPLOYERS ARE
AVOIDING PAYING AND TO PAYROLL
TAXES -- AND
I'M USING THE TERM MISS
CLASSIFICATION HERE WHICH IS
KIND OF A TECHNICAL SOUNDING
TERM -- AND
I'M USING IT THROUGHOUT THE
PRESENTATION JUST FOR KIND OF A
SHORTHAND --
BUT I JUST WANT TO ACKNOWLEDGE
THAT IT'S IT.
IT SOUNDS MORE TECHNICAL BUT IT
REALLY CAN OBSCURE WHAT'S WHAT'S
AT STAKE FOR WORKERS AND FOR THE
ECONOMY --
IT'S NOT JUST A CLERICAL ERROR --
EMPLOYERS IN AN INCREASING
NUMBER OF INDUSTRIES ARE CALLING
THEIR WORKERS INDEPENDENT
CONTRACTORS AND WHAT THAT DOES
NOT GOING TO LITTLE BIT MORE
DETAIL IN JUST A MOMENT WHAT
THAT DOES IS IT DENIES WORKERS
PROTECTIONS.
OF WORKPLACE LAWS THAT APPLY TO
EMPLOYEES STATUS NOT A MINUTE
CONTRACTOR STATUS I'M AND IT
DEPRIVES --
SOCIAL SECURITY MEDICARE
UNEMPLOYMENT INSURANCE WORKER'S
COMPENSATION FUNDS OF BILLIONS
OF DOLLARS AND REDUCES FEDERAL
STATE AND LOCAL TAX REVENUES.
THE PARTY TO BENEFIT ARE THE
EMPLOYERS WHO GET TO SAVE AS
MUCH AS 30% OF PAYROLL AND
RELATED TAXES BY CALLING --
BY MISTAKENLY CALLING WORKERS --
INDEPENDENT CONTRACTORS INSTEAD
OF EMPLOYEES THE BALANCE IS VERY
MUCH HARM TO WORKERS --
SHORTCHANGING OUR GOVERNMENT
COFFERS BUT ON THE PRACTICE
BENEFITS EMPLOYERS --
AN EMPLOYEE MUST MISS
CLASSIFICATION IS A PROBLEM
ACROSS THE COUNTRY AND IS
PARTICULARLY PREVALENT IN
CERTAIN INDUSTRIES WHICH YOU CAN
SEE HERE HOME CARE JANITORIAL
TRACKING CONSTRUCTION --
AND THE US DEPARTMENT OF LABOR
HAS FOUND THAT IS MANY IS 30% OF
FIRMS MIS CLASSIFIED THEIR
EMPLOYEES AS INDEPENDENT
CONTRACTORS AND THEN STATE
GOVERNMENT STUDIES --
HAVE OFTEN CITED ESTIMATES THAT
ARE EVEN HIGHER BUT IT IT IS
HARD TO ESTIMATE THE NUMBERS --
AND AS I SAID WE HAVE A LOT OF
RESOURCES THAT GO INTO ALL THE
STUDIES AND SUMMARIZE THEM AND
LOOK AT LOOK AT THEM --
I HAVE ON A STATE BY STATE BASIS.
SO OF COURSE THIS IS TOO SMALL
FOR PEOPLE TO SEE I'M SURE BUT
IT IS A SCREEN SHOT FROM THE UC
BERKELEY LABOR CENTER REPORT
THAT LOOKED AT COMMON
OCCUPATIONS HELD BY INDEPENDENT
CONTRACTORS AS THEIR MAIN JOB IN
CALIFORNIA.
AND SO.
AGAIN MAYBE STILL TOO SMALL BUT
WHAT YOU SEE THERE IS THE BOTTOM
OF THAT LIST WHICH ARE HIGH WAGE
UP PROFESSIONS AD WHERE WHERE
THE PEOPLE IN THIS PROFESSIONS
ARE TYPICALLY INDEPENDENT
CONTRACTORS LIKE DOCTORS AND
ENGINEERS AND PSYCHIATRISTS.
AND FRANKLY WE'RE NOT REALLY
THAT CONCERNED IT ABOUT THEM
BEING INDEPENDENT CONTRACTORS
THEY HAVE --
THE RESOURCES AND THE BARGAINING
POWER AND CAN MAKE THE DECISION
TO ENTER INTO THOSE
RELATIONSHIPS.
THAT THE TYPES OF JOBS WERE
CONCERNED ABOUT --
WHERE LOOPS EXCUSE ME AND I'M
SORRY IS SO SMALL --
THE LOW WAGE POSITIONS.
WHERE WORKERS ARE TYPICALLY
CLASSIFIED AS AN INDEPENDENT
CONTRACTORS --
SO YOU YOU MAY SEE --
IF YOU HAVE REALLY GREAT VISION.
THAT.
THE SAME GROUPS THAT ARE LISTED
HERE THE LOW WAGE PROFESSIONS
LOW AND MIDDLE WHICH PROFESSIONS
THAT ARE --
THAT WHERE PEOPLE ARE TYPICALLY
IN A CONTRACTORS JANITORS HOME
CARE WORKERS CONSTRUCTION
WORKERS TRUCK DRIVERS.
WHICH ARE.
IN AS YOU MAY REMEMBER FOR THE
PREVIOUS SLIDE THOSE ARE
PROFESSIONS THOSE ARE ROLES
WHERE A LOT OF WORKERS ARE
MISCLASSIFIED --
SO AGAIN JUST I'M I'M SHOWING
YOU THE SLIDE TO SHOW THAT
THERE'S A RAIL WIDE RANGE IN WHO
IS CLASSIFIED AS AN INDEPENDENT
CONTRACTOR AND WHAT WE'RE
CONCERNED ABOUT IN PARTICULAR
ARE.
THOSE WORKERS WHO ARE IN
POSITIONS WHERE THEY OFTEN HAVE
NO CHOICE ON THEY DON'T
NECESSARILY HAVE ACCESS TO ALL
OF THE INFORMATION ON THE TRUSTS
WHEN THEIR EMPLOYERS TELL THEM
THAT THEY'RE INDEPENDENT
CONTRACTORS --
BUT THE CONSEQUENCE ON
PROTECTIONS OUR WHOLE I'M OF
WORKPLACE RIGHT [inaudible]
TO DEPENDS AN EMPLOYEE.
AT SO THE TWO CLASSIFICATIONS OF
COURSE ARE EMPLOYED IN AN
INDEPENDENT CONTRACTOR AND ALL
OF THE RIGHTS THAT WE TYPICALLY
ASSOCIATE WITH WORKING --
MINIMUM WAGE OVERTIME
PROTECTIONS ANTI DISCRIMINATION
ACCESS TO UNEMPLOYMENT INSURANCE
WORKER'S COMP.
ALL THOSE THINGS THE RIGHT TO
FOR IT TO TO BARGAIN WITH YOUR
COLLEAGUES IN A UNION ALL THOSE
PROTECTIONS APPLY IF YOU ARE AN
EMPLOYEE BUT NOT IF YOU'RE AN
INDEPENDENT CONTRACTOR.
SO THE DISTINCTION REALLY
MATTERS MISMANAGED AGAIN MEANT
THREE MINUTE WARNING TO SIR
THANK YOU.
THANKS -- I
SHOULD HAVE A TIME MYSELF BUT
NOW I KNOW BEING TIME --
SO HE THERE'S THERE'S
CONSEQUENCES TO WORKERS IT COSTS
MORE TO BE AN INDEPENDENT
CONTRACTOR WORKERS HAVE TO PAY
INTO THEIR OWN --
INTO A DO THEIR OWN SHARE OF
PAYROLL TAXES WHICH IF YOU'RE AN
EMPLOYEE YOUR EMPLOYER TAKES
CARE.
IT'S EXPENSIVE TO OUR OUR
GOVERNMENT OUR LOCAL FEDERAL AND
STATE GOVERNMENT FOR A MISS
CLASSIFICATION IS OF THERE.
THERE ARE SOME REPORTS CITED UP
THERE THAT TOP ONE IS
PARTICULARLY STRIKING A YOU A
TWO THOUSAND NINE REPORT BY THE
U. S. GAO THE ESTIMATES THAT.
INDEPENDENT CONTRACTOR MISS
CLASSIFICATION COSTS FEDERAL
REVENUES TWO POINT SEVEN TWO
BILLION AND THIS WAS AN IN TWO
THOUSAND SIX BUT IT'S A
SIGNIFICANT NUMBER.
ARE SO THERE ARE COSTS TO THE
I'M NOT PAYING INTO SOCIAL
SECURITY UNEMPLOYMENT INSURANCE
WORKER'S COMP ALL THOSE THINGS --
AND THEN THERE ARE THE ET DE
DOES AUDITS EVERY YEAR AND IN
THE MOST RECENT AUDIT THE
IDENTIFIED FOUR HUNDRED AND
SIXTY ONE THOUSAND ON REPORTED
EMPLOYEES.
THE THE DIVISION OF LABOR
STANDARDS ENFORCEMENT ESTIMATES
THAT -- MISS
CLASSIFICATION CASA STATE SEVEN
BILLION DOLLARS ANNUALLY.
I THINK YOU GET THE POINT IT'S
VERY COSTLY TO THE GOVERNMENT AS
WELL.
AND THEN FINALLY IT'S EXPENSIVE
FOR OTHER EMPLOYERS THAT PLAY BY
THE RULES EMPLOYERS THAT
CORRECTLY CLASSIFIED THEIR
WORKERS AS EMPLOYEES PAY INTO
ALL OF THE FUNDS THAT THEY ARE
MADE TO PAY INTO WITH THEY THEY
OFFER.
THE THE MINIMUM WAGE AND ALL THE
OTHER TYPES OF OF PAY THAT
WORKERS ARE EMPLOYEES OR DO --
BUT EMPLOYERS THAT DON'T
CLASSIFY A THEIR WORKERS AS
EMPLOYEES DON'T AND SO THOSE
THAT ARE FOLLOWING THE LAW ARE
BASICALLY SUBSIDIZING.
THE WORKERS THE EMPLOYERS WHO --
ARE ARE CALLING THAT WORKERS AND
CONTRACTORS.
SO ALL AROUND THE COUNTRY --
INCLUDING AT THE FEDERAL
GOVERNMENT EVEN IN REPUBLICAN
ADMINISTRATIONS ODD INDEPENDENT
CONTRACTOR WITH CLASSIFICATION
HAS BEEN.
RECOGNIZED AS A PROBLEM --
FOR THOSE REASONS THAT I TALKED
ABOUT -- THE
LOSS OF RIGHTS TO WORKERS THE
LOSS OF TAX REVENUES AND THE
UNFAIR ADVANTAGE FOR US --
THAT THOSE --
THOSE COMPANIES HAVE COMPARED TO
THE COMPANIES OF ALL OF THE LAW.
I'M IN THE US DEAL WELL DEVOTES
RESOURCES TO FIGHTING THIS
CLASSIFICATION.
AND A NUMBER OF STATES HAVE OF
EACH HAVE --
CREATED TASK FORCES AND STUDIES
AND TRYING TO GET AT THE PROBLEM
TO UNDERSTAND THE THE SCOPE OF
THE PROBLEM.
AND OF COURSE THAT BRINGS US TO
WHAT OUR STATE DID OUT LAST YEAR --
IN APRIL V. STOCK CALIFORNIA
SUPREME COURT UNANIMOUSLY
DECIDED IN THE DYNAMICS DECISION.
THAT THE ABC TEST APPLIES TO
WAGE ORDERS AND IT'S CALLED THE
A. B. C. TEST BECAUSE THERE ARE
THREE PARTS TO IT PARTS A B. AND
C..
AND IT'S SIMPLE AND IT'S
STRAIGHT FORWARD AND IT'S EASY
TO UNDERSTAND --
AND FROM MY ORGANIZATIONS
PERSPECTIVE --
AND MY ORGANIZATION HAS BEEN
WORKING ON IT FOR A LONG TIME
IT'S EXACTLY WHAT WE NEED AT THE
POLICY LEVEL TO ADDRESS THE
PROBLEM IS CLASSIFICATION --
HERE'S ABC PARTS WHICH I'M GONNA
JUST SKIP OVER.
BECAUSE YOU YOU KNOW YOU CAN
READ IT IN THE DECISION --
AND I DID JUST WANT TO DRAW
ATTENTION TO THE USE AN A. B. C.
TEST IN ONE FORM OR ANOTHER
CALIFORNIA JOINS THREE OTHER
STATES THAT USE IT --
FOR WAIT AN HOUR PURPOSES BUT
IT'S NOT THIS OUT OF THE BLUE
TEST.
UP IS THAT I TIME YES OKAY AND
THERE WILL BE OPPORTUNITY
OPERATE ALL THREE FREE THROWS
FOR THE QUESTIONS FROM THE
COMMITTEE THAT THANK YOU VERY
MUCH -- NEXT
UP WE HAVE --
RETIRED JUDGE JOHN TRUE THANK
YOU JUDGE FOR BEING HERE.
THANK YOU.
MISTER CHAIRMAN AND LET ME SET
MY STOPWATCH SO THAT I NO
[inaudible]
CATEGORY.
I NAME IS JOHN TRUE I AM RETIRED
FROM THE ALAMEDA COUNTY SUPERIOR
COURT.
RACER FOR ELEVEN YEARS INCLUDING
SIX IN A CIVIL TRIAL DEPARTMENT.
I AM NOW ENGAGED TO THE PRIVATE
PRACTICE OF MEDIATION AND
ARBITRATION.
I ALSO TEACH LAW AS AN ADJUNCT
PROFESSOR.
AT BAY AREA LAW SCHOOLS
INCLUDING MY ALMA MATER UC
BERKELEY LAW.
STANFORD LAW SCHOOL AND HATE UC
HASTINGS COLLEGE OF THE LAW. FOR
I WAS APPOINTED TO THE BENCH IN
TWO THOUSAND THREE I WAS A
PRACTICING LAWYER.
REPRESENTING WORKERS AND LABOR
UNIONS OVER THE COURSE OF ALMOST
TWENTY SEVEN YEARS.
I'VE ALSO WRITTEN AND SPOKEN
EXTENSIVELY ABOUT LABOR AND
EMPLOYMENT LAW.
ISSUES I HAVE A WRITTEN MY
REMARKS WHICH I'LL.
GIVE TO THE PANEL.
AND MY CV IS ATTACHED TO IT.
I WANT TO TALK BRIEFLY ABOUT THE
SIGNIFICANCE I'VE DYNAMICS FROM
THE PERSPECTIVE OF A
PRACTITIONER.
A JUDGE AND A TEACHER.
MY OWN INTRODUCTION TO THE
COMPLEXITIES OF WORKERS.
WORKER CLASSIFICATION
[inaudible]
INSTRUMENTED COME.
HAS A STAFF ATTORNEY FOR A
NONPROFIT EMPLOYMENT RIGHTS LAW
ORGANIZATION WHICH SPONSORED A
LEGAL CLINIC.
I FOUND MYSELF REPRESENTING
GUARDS CHEN NOW SKI.
A MIDDLE AGED DRIVER FOR A SAN
FRANCISCO TAXI COMPANY.
GUARDS HAD BEEN LET GO BY HIS
COMPANY AND HAD APPLIED FOR
UNEMPLOYMENT BENEFITS.
HE CAME TO OUR CLINIC WHAT IS
APPLICATION WAS DENIED.
BY THE EMPLOYMENT DEVELOPMENT
DEPARTMENT ON THE GROUNDS THAT
HE WAS NOT AN EMPLOYEE OF HIS
COMPANY.
BUT A LESSEE OF ONE OF THEIR
CABS OWNERSHIP BY CHEF.
BASIS HE WAS THERE FOR GAME TO
BE AN INDEPENDENT.
CONTRACTOR.
WHEN I ASKED HER GUARDS LIVES SO
THAT I?
FURTHER HE GAVE ME DIRECTIONS TO
A STREET OUT IN THE AVENUES.
THERE ARE A FEW DAYS LATER I
FOUND A BEAT UP CHEVROLET
CAPRICE STATION WAGON WHICH HAD
LONG AGO SEEN ITS BETTER DAYS.
THIS WAS CARS HOME.
AND HAD OBVIOUSLY BEEN.
THAT FOR SOME TIME.
I YOUNG HASTINGS STUDENT WORKING
AT OUR CLINIC WAS ABLE UNDER MY
SUPERVISION. TO CONVINCING EDT
ADMINISTRATIVE LAW JUDGE TO
GRANT YOU WE BENEFITS TO MISTER
CHEN OWSKI.
SUCCESSFULLY ARGUING THAT THE
CAB COMPANY HAD THE RIGHT TO
CONTROL THE MATERIAL DETAILS OF
HOW GARTH PERFORM HIS JOB.
GARTH WAS NOT THE ONLY SAN
FRANCISCO TAXI.
DRIVER TO COME INTO THE CLINIC.
I REMEMBER TALKING TO OTHERS
INCLUDING VIVIDLY ENOUGH THE
YOUNG WIDOW OF ANOTHER DRIVER
WHO HAD BEEN ASSAULTED IN HIS
CAB.
HE DIED IN SAN FRANCISCO GENERAL
HOSPITAL.
A CHARITY CASE.
HAVING BEEN DENIED WORKERS
COMPENSATION BENEFITS FOR THE
SAME REASON THAT GARTH COULDN'T
GET UNEMPLOYMENT.
HE WAS A SO CALLED INDEPENDENT
CONTRACTOR.
WHEN WE AT THE CLINIC BEGAN TO
LOOK INTO THIS WE FOUND SO MUCH
TO OUR SURPRISE?
THAT THE COURTS HAD ALREADY
RESOLVE THIS ISSUE.
WE FOUND TO PUBLISH TAXI CAB
DECISIONS ONE INVOLVING YOU WE
BENEFITS AND THE OTHER WORKERS
COMPENSATION.
BOTH HELD THAT CAB DRIVERS ARE
EMPLOYEES.
BOTH ARE STILL IN THE BOOKS THAT
ARE PUT NOTED.
IN MY PAPER SO WHY WAS IT THAT
ALL TAXI CAB DRIVERS WORDS
EMPLOYEES WENT TO COURTS OF
APPEAL HAD FOUND THAT THEY WORK.
AFTER SOME MORE RESEARCH AND
SOME ORGANIZING AMONG CAB
DRIVERS WE BROUGHT A CLASS
ACTION LAWSUIT AGAINST FIVE OF
THE MAJOR CAB COMPANIES IN THE
CITY. TO TRY TO GET AN ANSWER.
BY THE TIME OUR CASE WAS FILED
THE CALIFORNIA SUPREME COURT HAD
DECIDED BAROLO AND SONS VERSUS
DIR.
FINDING SHARECROPPING FARM
WORKERS TO BE EMPLOYEES WE
ACTUALLY CITED THAT CASE IN OUR
COMPLAINT.
ALONG WITH IT TO PUBLISHED.
TAXI CAB DECISIONS SURELY WE LOG
ON OUR SIDE.
CARRILLO ANNOUNCED THAT THE
PRIMARY FACTOR IN MAKING A
DETERMINATION OF EMPLOYEES
STATUS WAS WHETHER THE EMPLOYER.
HAD THE RIGHT TO EXERCISE ALL
NECESSARY CONTROL TO USE THE
COURTS PHRASE OVER THE OVERALL
OPERATIONS OF THE BUSINESS IN
WHICH THE WORKER WAS ENGAGED. TO
BE SURE THE CASE SAT OUT A
SOMEWHAT COMPLICATED CHECKLIST
OF OTHER FACTORS TO LOOK AT BUT
IT MADE IT QUITE CLEAR.
THAT.
QUOTE THE TEST FOR DETERMINING
WHETHER A PERSON RENDERING
SERVICE TO ANOTHER IS AN
EMPLOYEE OR AN EXCLUDED
INDEPENDENT CONTRACTOR.
MUST BE APPLIED WITH DEFERENCE
TO THE PURPOSES OF THE
PROTECTIVE LEGISLATION.
ON QUOTE.
THIS IDEA OF DEFERRING TO THE
STATUTORY PURPOSE WAS AN
IMPORTANT SIGNAL WE THOUGHT.
OUR LAWSUIT HAD TWO MAIN GOALS
FIRST WE WANTED A JUDICIAL
DECLARATION THAT THOSE WE
REPRESENTED ALONG WITH OTHERS IN
SITUATIONS JUST LIKE FAIRS WERE
EMPLOYEES.
ENTITLED TO THE SAFETY NET.
THE LAW PROVIDES WE DID NOT SUIT
FOR MINIMUM WAGES OVERTIME PAY
OR ANYTHING OTHER THAN THE
ENTITLEMENT TO YOU WE BENEFITS
WERE APPLICABLE AND TO WORKERS
COMP BENEFITS. FOR INJURED
DRIVERS ESTABLISHING THESE
RIGHTS WE FELT WOULD CLARIFY.
THAT THE PUBLIC FACE COULD NOT
BE BURDENED AS IT APPARENTLY WAS
BEING.
WITH A NEED TO SUPPORT
UNEMPLOYED OR INJURED WORKERS
EMPLOYERS WOULD KNOW THEIR
RESPONSIBILITIES.
AND WORKERS WOULD NO THERE RIGHT
RECEIVED A PUBLIC BENEFIT IN
TAKING THE FIRST STEP TO RAISE
THE FLOOR.
UNDER VULNERABLE MARGINALLY
EMPLOYED.
MEMBERS OF A PRECARIOUS CLASS OF
WORKERS.
WITH A BROAD FINDING OF
EMPLOYEES STATUS A WHOLE SET OF
WORKERS OF COLOR.
FEMALE WORKERS IMMIGRANTS AND
OTHERS COULD BEGIN TO A CERTAIN
RIGHTS.
THAT ARE GUARANTEED TO EMPLOYEES
BUT DENIED TO INDEPENDENT
CONTRACTORS WORKPLACES INCLUDING
TAXICABS COULD BE MADE SAFER.
UNDER OSHA AND OTHER LAWS WAGE
THAT COULD BE MORE EASILY ABATED.
THE TAXI LAWSUIT WENT ON FOR
YEARS AND I'M NOT GOING TO GET
INTO IT.
BUT CARRILLO AS WE KNOW AS WE
KNOW SPAWNED A GREAT DEAL OF
LITIGATION IN CALIFORNIA.
AND ELSEWHERE AND THAT
LITIGATION WAS EXPENSIVE.
FRUSTRATING AND AT LEAST IN THE
CASES IN WHICH I WAS INVOLVED
STRESSFUL. FOR BOTH SIDES.
ALTHOUGH THE CASE MADE IT CLEAR
THAT WORKER PROTECTIVE
LEGISLATION WAS TO BE
INTERPRETED.
BROADLY THERE REMAIN PROBLEMS.
ONE IMPORTANT ONE WAS THE NATURE
OF THE LEGAL TEST UNDER BURRELL
AS APPLIED TO CLASS ACTION
LITIGATION.
OUR CLIENTS BORE THE BURDEN OF
PROVING THAT THEY SHARED A
COMMUNITY OF INTEREST WITH OTHER
UNNAMED CLASS MEMBERS AND THEY
COMMON LEGAL AND FACTUAL ISSUES
PREDOMINATED.
MORELLO'S MULTI FACTOR ANALYSIS.
USUALLY COMPLICATED THIS PROCESS
ONE SENTENCE FROM THE CASE THAT
I REMEMBER.
BEING USED OVER AND OVER AGAIN
IN THE CLASS ACTIONS THAT I
HANDLED WAS.
EACH SERVICE ARRANGEMENT MUST BE
EVALUATED ON ITS FACTS.
AND THE DISPOSITIVE CIRCUIT MAY
VARY FROM CASE TO CASE THIS
NOTION ALONE.
LED TO LENGTHY DEPOSITIONS
CONVOLUTED WRITTEN DISCOVERY AND
JUDICIAL CONFUSION.
BY THE TIME I BECAME A JUDGE.
IT WAS CLEAR THAT A MULTI FACTOR
APPROACH WAS LEADING TO A WIDE
VARIETY RESULTS.
ENDING ON WHICH FACTORS WERE
EMPHASIZED BY THEIR RESPECTIVE
COURTS.
CARRILLO AND OTHER CASES LIKE
THE TAXI DECISIONS WE FOUND WERE
EXAMPLES OF A LIBERAL
APPLICATION OF THE TEST.
BUT OTHER CASES WENT THE OTHER
WAY.
THE SAME SEEM TO BE THE CASE
WHEN IT WILL CAME TO DETERMINING
WHETHER TO GRANT OR DENY MOTIONS
FOR CLASS CERT.
WHILE AYALA VERSUS ANTELOPE
VALLEY NEWSPAPERS UP HELD
CLASSROOMS CERTIFICATION OR
NEWSPAPER CARRIERS PRIMARILY
BECAUSE THE RIGHT OF CONTROL
EVIDENCE --
BY THE PROVISIONS IN A COMIC
CONTRACT OTHER CASES HELD
OTHERWISE SOMETIMES IN THE SAME
INDUSTRY.
WHEN AND WHAT CAME?
OUT OF ALL OF THIS FINALLY WAS
DYNAMICS AND THE A. B. C. CAT
TESS REFERRED TO BY MY COLLEAGUE.
OF FROM NOW.
THE QUESTION FOR THE LEGISLATURE
IS.
DOES HE AB TEST ABC TESS MAKE
THINGS BETTER.
THE COMMITTEE WILL HEAR PROS AND
CONS FROM INTERESTED PARTIES
THIS MORNING.
MY EXPERIENCE AS AN ADVOCATE FOR
LOW WAGE WORKERS.
SUGGEST THAT IT WILL BE IT WILL
MORE ADEQUATELY SERVE THE
LEGISLATURE'S INTEREST IN
LIFTING THESE WORKERS UP.
MY EXPERIENCE AS A JUDGE AND A
TEACHER IS IT WILL BRING WELCOME
CLARITY.
PREDICTABILITY AND
ACCOUNTABILITY FOR THIS
IMPORTANT AREA OF THE LAW.
THANK YOU.
AND AS I SAID I HAVE COPIES OF
MY STATEMENT FOR THE COMMITTEE
OUR TELL PROVIDE AFTER.
THANK YOU JUDGE YOU TOOK NINE
MINUTES AND FIFTY SECONDS YOU
KNOW THAT.
THAT THE JUDGE FOR YOU RIGHT
HERE RIGHT ON TIME AND SO.
WAIT I HAVE ONE MORE QUESTION
YEAH -- AND
AND BOTH THE THE GET THE COPIES.
THE MOBILE WEB BUT ANYWAY --
IN ANY CASE.
BOTH THE THE POWER POINTS THAT
WE SEE SOME OF THE STUDIES
REFERENCE THE COMMENTS HERE --
BY THE JUDGE AS WELL AS
SUBSEQUENT SPEAKERS ON THE
PLAYER PANEL EMPLOYEE PANEL --
IT WILL MAKE SURE THAT ALL THAT
IS AVAILABLE TO FOLKS SO THAT --
YOU KNOW YOU DON'T HAVE TO
SCRIBBLE DOWN REFERENCE THIS WAS
LATER WILL MAKE SURE THAT ALL
THE POWER POINTS AND EVERYTHING
REFER TO BRING ALL THE
PRESENTATIONS WILL BE MADE
AVAILABLE.
UP THROUGH OUR OFFICE IN AN
ONLINE.
AND THEN THE NEXT UP A PROFESSOR
DOUBLE.
SO I MOVED BECAUSE I WANTED TO
MAKE SURE THAT THE FOLKS IN THIS
ROOM PARTICULARLY --
THE SMALL BUSINESS PEOPLE AND
THE WORKERS HERE WHAT I HAVE TO
SAY THAT IN A MINUTE DISPEL SOME
MYTHS THAT YOU MAY HAVE BEEN
TOLD --
THANK YOU FOR THE OPPORTUNITY TO
TO SHARE MY RESEARCH AND
EXPERTISE WITH THE ASSEMBLY
COMMITTEE TODAY.
MY NAME IS V. B. TWO BALL I AM
ASSOCIATE PROFESSOR OF LAW AT
THE UNIVERSITY OF CALIFORNIA AT
HASTINGS COLLEGE OF LAW WHERE I
TEACH EMPLOYMENT LAW --
TO JOINING THE FACULTY AT UC
HASTINGS IS A MIKE OKAY OKAY --
PRIOR TO JOINING THE FACULTY AT
UC HASTINGS I WAS A POSTDOCTORAL
FELLOW AT STANFORD UNIVERSITY
ALSO MY UNDERGRADUATE ALMA
MATTER I RECEIVED BOTH MY JD AND
MY PHD FROM UC BERKELEY SCHOOL
OF LAW. FOR THE LAST TEN YEARS
I'VE BEEN STUDYING WHAT WE NOW
REFER TO AS THE GIG ECONOMY.
FROM A LEGAL POLICY AN
ANTHROPOLOGICAL LANDS.
MY RESEARCH HAS BEEN PUBLISHED
IN TOP TIER LAW REVIEWS IN PEER
REVIEW JOURNALS AND IT HAS BEEN
PRESENTED TO POLICYMAKERS AND
ACADEMICS AND BOTH THE US AND IN
EUROPE. ONE OF MY ARTICLES WAS
IN FACT RECENTLY CITED BY THE
CALIFORNIA SUPREME COURT IN THE
DYNAMICS DECISION.
THERE ARE NUMBER OF
MISCONCEPTIONS AND PIECES OF
INFORMATION ABOUT THE CALIFORNIA
GET ECONOMY THAT I HAVE ON
COVERED IN MY MANY YEARS OF
ENGAGED LEGAL.
AND ANTHROPOLOGICAL RESEARCH AND
LAW PRACTICE.
THE FIRST IS THAT THE GET
ECONOMIES NEW KNOWLEDGE AND
INNOVATION.
IN FACT BUSINESS MODELS INTENDED
TO LOWER LABOR COSTS BY
UTILIZING INDEPENDENT CONTRACTOR
LABOR.
FIRST PROLIFIC PROLIFERATED IN
THE NINETEEN SEVENTIES.
THE SECOND MISCONCEPTION IS THAT
WORKERS MUST BE CONSIDERED
INDEPENDENT CONTRACTORS IN ORDER
CHAPS LIKES ABILITY AND BE
INDEPENDENT.
BASED ON AN ACCURATE LEGAL
READING OF THIS DYNAMICS CASE
THIS IS FALSE.
THE THIRD AND LAST SMITH I WILL
DISPEL IS THAT THE DYNAMICS
DECISION WILL DESTROY OR TO TYR
INNOVATION AND BUSINESS.
IT WILL NOT.
FIRST WHY FROM HISTORICAL IN
LEGAL LANDS IS THE GIG ECONOMY
NOT NEW OR TIED TO TECHNOLOGICAL
INNOVATION.
THE ANSWER TO THIS LIES IN THE
HISTORY OF HOW WE GOT TWO
CATEGORIES OF WORKERS.
INDEPENDENT CONTRACTORS AND
EMPLOYEES FOR THE PURPOSES OF
SOCIAL PROTECTIONS.
AS I SHOW IN MY RESEARCH AND A
SUPREME COURT JUSTICE NEIL
GORSUCH POINTED OUT IN HIS
RECENT UNANIMOUS NEW PRIME BE
ALL OF THE ARE A DECISION.
IN THE NINETEEN TWENTIES AND
NINETEEN THIRTIES DURING THE
GREAT DEPRESSION THOSE WHO
LABORED WHETHER THEY WERE TAXI
DRIVERS INSURANCE SALESMAN
ARTISTS OR FACTORY WORKERS WERE
COMMONLY REFERRED TO AS WORKERS
OR AS EMPLOYEES.
INDEED WHEN THE NEW DEAL WAS
PASSED THE TERM INDEPENDENT
CONTRACTOR DID NOT HAVE A
DISTINCT MEANING OUTSIDE AGENCY
LAW.
IS CHEWING THE INCREASED LABOR
COSTS ASSOCIATED WITH THE NEW
DEAL CLEVER BUSINESS
REPRESENTATIVES IN THE MID
TWENTIETH CENTURY TURNED TO THE
EIGHTIETH CONGRESS FOR A
LEGISLATIVE REPRIEVE.
MUCH LIKE THEY'RE DOING TO YOU
TODAY.
EIGHTIETH CONGRESS ALSO KNOWN AS
THE DO NOTHING CONGRESS FOR ITS
OPPOSITION TO TRUMAN'S NEW DEAL.
I WENT ON TO KERR ABOUT SO
CALLED INDEPENDENT CONTRACTORS
FROM THE FAIR LABOR STANDARDS
ACT THE SOCIAL SECURITY ACT AND
THE NATIONAL LABOR RELATIONS ACT
[inaudible]
IMPORTANTLY CONGRESS MADE THESE
CAR ABOUT DESPITE AN OVER A
PRESIDENTIAL VETO.
IN JUNE OF NINETEEN FORTY EIGHT
PRESIDENT TRUMAN EXPLAINS WHY HE
WAS OPPOSED TO ALLOWING
BUSINESSES TO ESCAPE LIABILITY
TO IN FOR SOME WORKERS.
HE SAID THIS RESOLUTION WOULD
EXCLUDE FROM THE COVERAGE SEVEN
HUNDRED AND FIFTY THOUSAND
EMPLOYEES CONSISTING OF A
SUBSTANTIAL PORTION OF THE
PERSONS WORKING AS COMMISSION
SALESMEN.
LIFE INSURANCE SALESMEN PIECE
WORKERS TRUCK DRIVERS TAXI CAB
DRIVERS MINERS JOURNEYMEN
TAILORS AND OTHERS.
I CAN NOT APPROVED LEGISLATION
WHICH WOULD DEPRIVE MANY
HUNDREDS OF THOUSANDS OF
EMPLOYEES AS WELL AS THEIR
FAMILIES OF BENEFITS WHEN THE
NEED FOR EXPANDING OUR SOCIAL
INSURANCE SYSTEM IS SO GREAT.
BY THE NINETEEN SEVENTIES THE
INDEPENDENT CONTRACTOR BUSINESS
MODEL SPREAD INTO COLD IN A WIDE
VARIETY OF INDUSTRIES INCLUDING
JANITORIAL SERVICES NAIL SALONS
TAXI BUSINESSES AND EVEN
SOFTWARE COMPANIES.
IN CALIFORNIA FOR MANY DECADES
THESE WORKERS HAVE FOUGHT MISS
CLASSIFICATION.
UNDER WHAT IS COMMONLY REFERRED
TO HELLO STANDARD A DERIVATION
OF THE COMMON LAW OF AGENCY TEST.
A LITTLE UNDERSTOOD REALITY IS
THAT CALIFORNIA WORKERS WHO
LABOR IN GRAVESTONES CAN BE
INDEPENDENT CONTRACTORS FOR SOME
LAWS AND EMPLOYEES FOR OTHERS.
THERE IS SLIGHTLY DIFFERENT
PASSED FOR ALMOST EVERY FEDERAL
LAW.
AND IN CALIFORNIA THE PREVAILING
TEST FOR STATE LAW HAD BEEN THE
BAROLO TEST.
UNDER BAROLO WORKERS WERE
EMPLOYEES FOR PURPOSES OF THE
CALIFORNIA LABOR CODE IF A FACT
FINDER DECIDED USING THIS
UNWIELDY ELEVEN FACTOR TEST THAT
CONSIDERING THE TOTALITY OF THE
CIRCUMSTANCES THE WORKER WAS AN
EMPLOYEE.
THE SUBJECTIVE NATURE OF THIS
TECHNICALITY OF CIRCUMSTANCES
TEST HAS LED TO AN INCONSISTENT
INCONSISTENT OUTCOMES.
ON THE SAME SET OF FACTS
BEFUDDLING BOTH BUSINESSES AND
WORKERS.
NOTE THAT THE MOST CONTESTED
PART OF THE DYNAMICS A. B. C.
TEST PART BE HIGHLIGHTED HERE.
THE ONE THAT IS BEING REPORTED
AS BEING THE MOST RADICAL SHIFT
IS ACTUALLY ALREADY A FACTOR IN
THE BURRELL ATTACHED.
DYNAMICS PUTS THE BURDEN ON THE
EMPLOYER TO PROVE INDEPENDENT
CONTRACTOR STATUS IN SIMPLIFIES
THE BRILLO TEST FACILITATING
CLEAR CONSISTENT LEGAL DECISIONS
ABOUT EMPLOYEES STATUS.
BUT NOTICE NOTABLY AND THIS IS
IMPORTANT DYNAMICS DOES NOT
SIMPLIFY THE TEST FOR ALL
CALIFORNIA EMPLOYMENT LAWS.
RATHER THE CALIFORNIA SUPREME
COURT WAS VERY CLEAR THAT THE
ABC TEST ONLY APPLIES TO
CALIFORNIA WAGE ORDERS.
IN DOING SO THE COURT COURT WAS
RESPONDING TO THIS DYSTOPIAN
REALITY THAT DOES LABORING AS
INDEPENDENT CONTRACTORS IN OUR
STATE ARE SOMETIMES MAKING LESS
THAN THE MINIMUM WAGE.
PUTTING A TREMENDOUS AMOUNT OF
BURDEN ON CALIFORNIA FAMILIES
WHO STRUGGLE TO PAY THEIR RENT
AND WHO PUT TO PUT FOOD ON THE
TABLE.
AND THIS BRINGS ME TO MY NEXT
POINT.
GIVEN THE DYNAMICS DOES NOT
APPLY TO CALIFORNIA LAWS OUTSIDE
OF WAGE ORDERS.
THE THE TEST IN ITS APPLICATION
DO NOT RESTRICT WORKER
FLEXIBILITY.
WHAT THE TEST DOES DO IS AND OUR
A WORKER LABORS?
SHE GETS THE MINIMUM WAGE AND IF
SHE LABOURS FOR MORE THAN EIGHT
HOURS IN THAT DAY THEN SHE GETS
OVER TIME THAT'S IT.
DYNAMICS DOES NOT CHANGE THE
TEST FOR EMPLOYEES STATUS FOR
WORKERS COMPENSATION FOR
UNEMPLOYMENT INSURANCE AND FOR
OTHER CALIFORNIA EMPLOYEE
PROTECTIONS.
MAYBE IT SHOULD BUT THAT'S A
DIFFERENT CONVERSATION.
IN GARCIA BE BORDER
TRANSPORTATION THE CALIFORNIA
APPELLATE COURT AFFIRMED JUST
THREE MONTHS AGO THAT DYNAMICS
ONLY APPLIES TO WAIT ORDERS AND
DOES NOT EVEN EXTEND TO VEHICLE
REIMBURSEMENT WALKS.
A LOT OF MISINFORMATION HAS
PROLIFERATED ACROSS CALIFORNIA
INDUSTRY SINCE DYNAMICS WAS
DECIDED.
AND THIS MISINFORMATION HAS
RESULTED IN WHAT I BELIEVE IS A
STATE OF HYSTERIA.
SMALL BUSINESSES ARE AFRAID THAT
THEY WILL BE UP ENDED.
AND WORKERS ARE AFRAID THAT THEY
WILL LOSE THE FLEXIBILITY THEY
NEED.
I HAVE TALKED TO PEOPLE FROM
FREELANCE JOURNALISTS TO
MOONLIGHTING PSYCHIATRISTS TO
TRUCK DRIVERS WHO SAY THAT
THEY'RE BEING TOLD THAT THE
DYNAMICS DECISION MEANS THEY
CANNOT DO FREELANCE WORK ANYMORE.
AND THAT IS JUST NOT TRUE.
CERTAIN PROFESSIONAL WORKERS ARE
ALREADY EXEMPT FROM CALIFORNIA
WAGE ORDERS.
THIS CLASS OF PROFESSIONAL
WORKERS INCLUDES MOST DOCTORS
ENGINEERS ACCOUNTANTS ARCHITECTS
MANY JOURNALISTS AND EVEN
ARTISTIC PROFESSIONALS WHO
PERFORM WORK THAT IS CREATIVE OR
ORIGINAL.
THE PROFESSIONAL HAS TO MEET A
SALARY TEST AND A DUTY STASHED
AND IF SHE DOES THE DYNAMICS AND
MINIMUM WAGE AND OVERTIME PRODUK
PROTECTIONS DO NOT APPLY TO HER.
EVEN FOR THOSE WHOM DYNAMICS
CLEARLY APPLIES NAIL SALON
WORKERS MANY CONSTRUCTION
WORKERS UBER DRIVERS DOOR DASH
INSTEAD CART WORKERS.
THE DECISION DOESN'T MEAN THAT
WORKERS HAVE TO WORK SHIFTS AND
LOSE THEIR FLEXIBILITY AND
FREEDOM.
THESE ARE THREATS MADE BY
COMPANIES WHO DO NOT WANT TO PAY
THE VERY BASIC MINIMUM WAGE.
GIVEN HOW EASY IT IS TO TRACK
THROUGH AN APP ON A SMARTPHONE.
IMPLEMENTING DYNAMICS WILL
REQUIRE NOTHING MORE OF
COMPANIES THAN PAYING WORKERS
MORE OF SHARING MORE OF THE
PROFIT PIE WITH THE VERY PEOPLE
WHOSE LABOR PRODUCES WEALTH.
IF YOU DON'T BELIEVE THE LAW
PROFESSOR.
LET ME DRAW ATTENTION TO THE
ANALYSIS OF A PARTNER AT LIVE
LITTLER MENDELSON.
THE PREMIER EMPLOYEE EMPLOYER
DEFENSE FIRM WHO REPRESENTS MANY
MEDIUM TO LARGE BUSINESSES IN
CALIFORNIA INCLUDING UBER
WALMART APPLE IT'S SUCHA.
HERE'S A PARTNERS WHO
SPECIALIZES IN THIS
CLASSIFICATION WRITING THAT
BECAUSE DYNAMICS ONLY APPLIES TO
WAIT ORDERS IT APPLIES ONLY TO
WORKERS WHO ARE NON EXEMPT
EMPLOYEES.
THUS EVEN IF WORKERS ARE
EMPLOYEES UNDER THE TEST SO IF
YOU DO THE ANALYSIS YOURSELF AND
IT LOOKS LIKE YOU'RE AN EMPLOYEE
UNDER THE TEST YOU STILL MIGHT
NOT GET THE PROTECTION OF THE
TEST.
IF YOU ARE AN EXEMPT EMPLOYEE.
IT APPLIES ONLY TO WORKERS WHO
ARE NOT EXACT.
HE ALSO SAYS BECAUSE THE WEIGHT
ORDERS IMPACT ONLY A LIMITED
NUMBER OF ISSUES IT MAY BE OF
LITTLE CONSEQUENCE IF A WORKER
IS AN EMPLOYEE FOR WHICH
PURPOSES SO IF YOU'RE ALREADY
MAKING THE MINIMUM WAGE.
YOUR GREAT.
SO WHO SHOULD BE WORRIED ABOUT
THIS TEST THAT.
NOT WORKERS WHO ARE ALREADY
MAKING THE MINIMUM WAGE NOT
PROFESSIONAL WORKERS WHO ARE
EXEMPT FROM WAGE ORDERS AND
CERTAINLY NOT THE WORKERS WHO
NEED OR WANT FREEDOM AND
FLEXIBILITY ON THEIR JOB.
THE ONLY PEOPLE WHO SHOULD BE
WORRIED ABOUT DYNAMICS ARE
COMPANIES THAT AS A MATTER OF
BUSINESS PRACTICE UNDER PAY
THEIR WORKERS.
THESE ARE THE COMPANIES LIKE
DOOR DASH AN INSTA CART WHICH
ARE ALLEGED TO HAVE TAKEN TIPS
FROM CUSTOMERS TO COMPENSATE THE
BASE PAY FOR THE DELIVERY
DRIVERS.
IN LIKE UBER WHICH NUMEROUS
STUDIES HAVE REVEALED PAY THEIR
WORKERS LESS THAN THE MINIMUM
WAGE OF MOST MAJOR CITIES.
THESE COMPANIES SAY THAT
DYNAMICS IS RETROGRADE THAT IT
DISCOURAGES INNOVATION.
BUT LET ME BE CLEAR THERE IS
NOTHING INNOVATIVE OR KNEW ABOUT
UNDER PAYING AN OVER WORKING
LABORERS.
THE IDEA THAT WHAT WORKERS
REALLY NEED IS NOT MINIMUM WAGE
PROTECTIONS BUT SOMETHING ELSE
ENTIRELY SAY PORTABLE BENEFITS
IS FALSE WHATEVER YOU CALL THEM
EMPLOYEES INDEPENDENT
CONTRACTORS WORKERS LABOR SMALL
BUSINESSMEN EVERYONE.
EVERY WORKING CALIFORNIAN DESERT
THAT CAN SUPPORT THEIR FAMILY.
AND LET ME ADD ON THE TOPIC OF
PORTABLE BENEFITS THAT THE ACA
UNEMPLOYMENT INSURANCE SOCIAL
SECURITY A MINIMUM WAGE AND
OVERTIME PROTECTIONS ARE ALL
PORTABLE BENEFITS WORKERS CAN
TAKE THESE FROM JOB TO JOB.
IF THE LEGISLATURE WANTS TO ADD
TO THIS LIST OF WORKER
PROTECTION FOR THEM THAT'S GREAT
THESE WORKERS NEED PAID VACATION
THEY NEED PAID SICK LEAVE BUT
PLEASE DO NOT TAKE THE HARD
FOUGHT FOR RIGHT. TO A MINIMUM
WAGE AWAY FROM THEM THINK.
I HAVE JUST ONE LAST WEEK AND
ONE LAST THING PUESTO EIGHTY
YEARS AGO WHEN HE FOUGHT FOR THE
FIRST FEDERAL MINIMUM WAGE
PRESIDENT ROOSEVELT FAMOUSLY
ARGUED THAT NO BUSINESS WHICH
DEPENDS FOR ITS EXISTENCE ON
PAYING LESS THAN LIVING WAGES TO
ITS WORKERS.
HAS ANY RIGHT TO CONTINUE IN
THIS COUNTRY.
TIME AND TECHNOLOGY HAVE NOT
CHANGED THIS BASIC PRINCIPLE.
THESE INNOVATIVE WELL FUNDED
COMPANIES CAN PAY WORKERS WHAT
THEY DESERVE BY LAW.
IT MIGHT MEAN SPENDING LESS
MONEY SETTLING THIS
CLASSIFICATION CASES LESS MONEY
DOLED OUT TO EXECUTIVES LESS
MONEY PAID TO LOBBYISTS BUT THE
WORKERS WHO DRIVE THE CARS AND
TRUCKS TO CLEAN THE HOMES.
WHO BUILD THE BUILDINGS TO DO
OUR SERVICE WORK ARE THE ONES
WHOSE LABOR PRODUCES WEALTH FOR
THIS STATE AND THEY DESERVE AT
LEAST THE MINIMUM WAGE?
THANK THANK YOU PROFESSOR --
AND WILL OPEN IT UP --
FOR MEMBER BECAUSE I HAVE A
COUPLE AND THEN ALL WILL ASK MY
COLLEAGUES IF THEY HAVE ANY
QUESTIONS AT ALL.
COPIES OF MY YEAH WE'LL WE'LL
WE'LL GET THAT.
THANK YOU AGAIN ANNE THE OUR
PLANS WHEN HAVE YOU WILL MAKE
SURE THAT THE IT'S AVAILABLE TO
THE PUBLIC --
SO OF A MISS MADE THE AND IT
SOMETHING ONE YEAR CHART SHOW
THAT OF A AND THEN YOU INTO LEE
IS A GOOD THING THAT THE JUDGE
EVEN MADE REFERENCE TO THE FACT
THAT.
IT'S CLEAR THAT THE CLARITY CAN
BE HELPFUL.
AND BUT AS A NATIONAL THINK TANK
WHAT IS --
ANY -- P.
LEARNED ABOUT THE APPLICATION OF
THE TEST IN OTHER STATES AS OR
AT LEAST TO EMPLOYER CONCERNS.
BUT IT'S SWIM FLEXIBLE AND PUT
COMPANIES OUT OF BUSINESS OR OR
OR INTERRUPT THEIR KIND OF
BUSINESS MODEL.
SO I JUST WANT TO CLARIFY THAT
THE A. B. C. TEST IS USED IN
OVER HALF THE STATES BUT IN
SLIGHTLY DIFFERENT CONTEXT
DEPENDING ON THE STATE SO.
JUST TO BE CLEAR SO --
THE MAJORITY OF STATES USE IT
FOR UNEMPLOYMENT INSURANCE
PURPOSES FOUR STATES INCLUDING
CALIFORNIA BUT MAYBE MORE THIS
YEAR --
BECAUSE SOME OTHER STATE
LEGISLATURES ARE CONSIDERING THE
A. B. C. TEST FOR WAGING OUR
PURPOSES --
I GUESS I'LL ANSWER YOUR
QUESTION WITH SAYING THAT WE
DON'T TYPICALLY --
LOOK AT LIKE OUR OUR FOCUS IS ON
THE EFFECTS ON WORKERS AND ON
THEIR ACCESS TO RIGHTS AND
BENEFITS AND AND BASIC STANDARD
SO -- I'M
NOT SURE I'M THE RIGHT PERSON TO
ASK ABOUT I DON'T THINK THAT
THAT'S OUR ROLE. TO IDENTIFY
THAT BUT IT JUST IF YOU'VE I
GUESS WE CAN ASK HIM WILL BE
EMPLOYERS APPEAR VERY SOON AS WE
CAN ASSN THAT AND THEN I AM.
A PROFESSOR TO BALK.
GIVEN THE EMPHASIS YOU VALIUM
AND SOME YOUR CLOSING COMMENTS
REGARDING THE GIG ECONOMY
[inaudible]
DO YOU.
DO YOU HAVE ANY INSIGHT AS TO
KIND OF THE WORKING CONDITIONS
OF THOSE THAT RELY ON THAT FOR
THEIR SUSTENANCE.
THAT KIND OF WORK YES SO I HAVE --
IN PARTICULAR IF YOU'RE IF
YOU'RE REFERENCING SORT OF THE
TECHNOLOGICALLY ENABLE GET A
CONNIE I SPENT YOU KNOW OVER
FOUR YEARS --
WORKING ALONG SIDE AND WITH TAXI
WORKERS AND SAN FRANCISCO BEFORE
THE ADVENT OF UBER AND LEFT AND
THEN I SPENT TWO YEARS DOING
RESEARCH --
WITH UBER DRIVERS --
WHO WORKED IN SAN FRANCISCO --
THESE FOLKS BECAUSE THEY LACK
ANY KIND OF REGULATION BASICALLY --
WITH THE UNLIKE TAXI DRIVERS WHO
HAD WHO HAD --
VEHICLE CAPS AND FAIR REGULATION
THROUGH THEIR CITIES.
MANY OF THEM ARE ESSENTIALLY
MIGRANT WORKERS THEY COME UP
FROM ORANGE COUNTY AT THE LA
AREA TO THE SAN FRANCISCO BAY
AREA -- THEY
SLEEP IN THEIR CARS THEY DRIVE
SIXTEEN HOURS A DAY --
MANY ARE MAKING LESS THAN THE
MINIMUM WAGE THEIR WAGES ARE
COMPLETELY UNPREDICTABLE --
AND I TAKE SERIOUSLY THE FACT
THAT THEY NEED FLEXIBLE AN
INDEPENDENT --
LIVELIHOODS BECAUSE MANY OF THEM
ARE LIVING TRANCE NATIONAL LIVES --
THEY ARE A FAMILY --
THEY HAVE FAMILIES THEY ARE ARE
USING THIS WORK TO SUPPLEMENT A
SECOND JOB --
AND THESE FOLKS OVERWHELMINGLY
TELL ME.
INTERESTINGLY IN THIS IS THE
DIFFERENCE BETWEEN SURVEYS AND
ETHNOGRAPHY AND MY SURVEY --
RESEARCH I FOUND THAT MANY
DRIVERS SAID NO NO WE WANT TO BE
INDEPENDENT CONTRACTORS ABOUT
60% OF DRIVERS --
BUT THEN WHEN I DID LONG
INTERVIEWS WITH THESE DRIVERS
THE REASON THAT THEY WANTED TO
BE INDEPENDENT CONTRACTORS IS
BECAUSE THEY SAID THESE
COMPANIES ARE SO HORRIBLE.
THAT THEY'RE WORRIED THEIR LIVES
WOULD BE EVEN MORE HORRIBLE AS
AN EMPLOYEE --
AND OVERWHELMINGLY EVERYONE EVEN
PEOPLE WHO SAID THAT THEY THAT
THEY NEEDED --
THEY NEEDED THEY WANTED TO BE AN
INDEPENDENT CONTRACTOR BECAUSE
THEY ASSOCIATED THAT --
STATUS WITH FLEXIBILITY AND SO
PART OF WHAT I REALLY WHAT I
WRITE ABOUT AND WHAT I THINK IS
REALLY IMPORTANT FOR FOLKS TO
UNDERSTAND IS THAT --
BEING AN INDEPENDENT CONTRACTOR --
BEING AN EMPLOYEE FOR WAGE
PURPOSES DOES NOT MEAN THAT YOU
HAVE TO LOSE FLEXIBILITY --
INDEPENDENCE IT REALLY JUST
MEANS THAT YOU'VE GOT THE WAGE
FLOOR.
AND AN LITTLE.
THANK YOU AND AND AND JUDGE
SHOULD THE THE INITIAL QUESTION
I HAD FOR MISS MADE THAT JUST
REGARDING.
THE GIVEN THE FACT YOU BEEN KIND
OF IN THE SPACE FOR A VERY LONG
TIME -- DO
YOU HAVE A SENSE OF WHAT
EMPLOYERS ISSUES OF IN THEIR
SIMPLICITY BUT WHAT EMPLOYERS
ISSUES MIGHT BE.
WITH THE A BC ROLE IN TERMS
ALLOWING FOR FLEXIBILITY
[inaudible]
I DO.
FROM MY EXPERIENCE --
MEDIATING CASES AND ALSO WHILE I
WAS ON THE BENCH AND I HAVE TO
SAY THAT.
THERE ARE SITUATIONS
PARTICULARLY INVOLVING SMALL
BUSINESSES.
WHEN EVERYONE INVOLVED --
SEEMS TO WANT --
A FLEXIBLE.
ARMS LENGTH BUSINESS
RELATIONSHIP CHARACTERIZED.
BY INDEPENDENT CONTRACTOR STATUS
[inaudible]
THE THEY SHARECROPPERS IN
CARRILLO.
OUR FAMILIES WHO MADE THEIR
LIVING --
HARVESTING CUCUMBERS --
THEY WANTED THAT.
HOW THE PROBLEM WAS THAT THEY
HAD THEIR KIDS WORKING IN THE
FIELDS WITH THEM?
AND THAT'S WHAT THE AD
DEPARTMENT IN MODESTO INDUSTRIAL
RELATIONS NOTICED AND THAT'S WHY
THE CASE CAME ABOUT.
BUT I'VE SEEN ON THE BENCH OUR
CAR WASH --
WORKERS OF YOU KNOW WHO MAKE A
LIVING GETTING.
A BIG TIPS FROM CARS THEY DETAIL
AS WHO WANT TO BE INDEPENDENT
CONTRACTORS AND THEIR EMPLOYER --
DESCRIBES ITSELF AS IT POSSIBLE
FOR THESE ENTREPRENEURS. TO DO
WHAT THEY DO.
SO EITHER THERE IS.
THE IT IS NOT A BLACK AND WHITE
SITUATION THERE ARE SITUATIONS
IN WHICH LEGITIMATE.
LAWYERS NOT THE KIND OF
PROFESSOR DUVALL DESCRIBES BUT
WHERE'S WHO ARE TRYING TO MAKE A
LIVING AND TRYING TO BE FAIR.
TO THOSE WHO WORK WITH THEM --
COULD BE VEXED BY --
THE APPLICATION OF THE A. B. C.
TEST ACROSS THE BOARD AS
PROFESSOR DO BALL POINTS UT
HOWEVER.
OF HIS OF LAW ALREADY --
MAKES ALLOWANCES FOR THAT SORT
OF A SITUATION AND AND WILL
CONTINUE TO DO SO.
THANK YOU JUDGE A SUMMER
GONZALEZ.
HAVE A FEW QUESTIONS FOR SO I
WANT TO THANK YOU ALL WAS VERY
INFORMATIVE.
EVEN FOR SOMEBODY WHO THINKS
THEY DEAL WITH THIS EVERY DAY I
LEARNED A NUMBER OF THINGS TODAY --
I TO QUESTION I THINK IT WAS THE
FIRST PRESENTATION DO WE KNOW --
I THINK THERE WAS SOMETHING
ABOUT CLOSE TO HALF A MILLION
WORKERS AND SEVEN BILLION
DOLLARS OF LOSSES KIND OF THAT
ARE.
NOT REPORTED IS THAT THE NUMBER
WHAT WE BELIEVE TEN NINETY NINE
WORKERS WHO AREN'T PAIN IN --
TO APPROPRIATE TAX STRUCTURE.
THAT SEVEN BILLION DOLLARS
NUMBER --
THAT I REFERENCE WAS FROM THAT
THE LSC WEBSITE AND AS I
UNDERSTAND IT THEY SUBMITTED A
BRIEF -- IN
THE IN THE DYNAMICS CASE BUT I
WASN'T ABLE TO FIND A COPY OF IT
SO.
I CAN SEE I CAN.
POKE AROUND BECAUSE IT IS AN
ANTI BEFORE TODAY --
AND SEE IF I CAN FIND SO WE BUT
WE HAVE A BELIEF THAT A LOT OF
PEOPLE WHO ARE TEN NINETY NINE
IS IN A PANIC CONTRACTORS DON'T
TO FILL THEIR QUARTERLY
REPORTING TAX LIABILITIES PAY
THEIR APPROPRIATE NOT MOUNT OF
TAXES IS THAT CORRECT.
ALL RIGHT ENDS AND THAT IS A
RIGHT THAT THE LSE ON THE E. R.
ET DE IN NUMBERS --
ARE ALSO PROBABLY RELEVANT FOR
THE PURPOSES OF PEOPLE PAYING OR
NOT PAYING AYE INTO THEIR TAXES.
BECAUSE ONE OF THE THINGS THAT I
I HAVE --
KIND OF PERPLEXED ME IN THESE
DISCUSSIONS WHEN PEOPLE D
EMAILING ME OR MESSAGING ME ON
TWITTER IS THIS I MEAN OUTRIGHT.
STATEMENT I DON'T WANT TO PAY
TAXES IN FACT LIKE I I LOSE ALL
THIS MONEY BECAUSE SUDDENLY I'M
GONNA HAVE TO PAY TAXES.
BUT IF A WORKER IS IN FACT DOING
THAT RIGHT NOW THEY'RE VIOLATING
THE LAW CRACKED YEAH OKAY SO I I
KNOW ESPECIALLY WITH THE KIND OF
UNDERGROUND ECONOMY OF DANCERS
I'VE HEARD THAT A LOT.
WHICH REALLY CONCERNS ME BECAUSE
THIS IDEA THAT SOMEHOW AND I I
READ IT IN STATEMENTS BY YOU
KNOW KNOWN FIGURES ON I GUESS
AND ALL BEDS.
THIS IDEA THAT SOMEHOW THIS
SHIP'S YOU'RE RESPONSIBLE I PAY
TAXES ON THE WORKER IS NOT TRUE.
IS THAT TRUE.
THEY ALREADY HAVE THAT RESPOND
RIGHT IF THEY'RE INDEPENDENT
CONTRACTORS ESPECIALLY THEY HAVE
THE RESPONSIBILITY TO PAY TED TO
PAY ON THEIR OWN SO IT IS A
MATTER OF IS A BEING PULLED OUT
OF YOUR PAYCHECK NOW OR ARE YOU
PAYING IT AT A DIFFERENT TIME.
THAT'S RIGHT EXACTLY I WON I
WANTED TO MAKE SURE THAT WAS
REALLY A CLEAR FOR FOLKS AS WELL.
NOW THE DIFFERENCE OF COURSE IS
IS THE EMPLOYER'S RESPONSIBILITY
THAT'S THE SHIFT WHEN YOU HAVE
AN INDEPENDENT CONTRACTOR CREDIT
YEP.
ALL RIGHT ANOTHER QUESTION WITH --
THE WAGE IN ORDER --
RULING AND PREVIOUS RULINGS ON
THIS CLASSIFICATION IN EMPLOYER
NEVER HAS TO JUST PAY MINIMUM
WAGE IS I I KNOW THAT SOUNDS
LIKE AN OBVIOUS BUT I WANT TO
MAKE SURE THAT WE LIKE A A AN
EMPLOYER CAN ALWAYS CHOOSE TO
PAY MORE THAN MINIMUM WAGE
CRACKED.
OF COURSE YEAH OKAY WELL THIS IS
A TO GET YOUR INCOMING YEAH YOU
KNOW TO ME NOW SUDDENLY MY WAGES
HAVE BEEN REDUCED TO THE MINIMUM
WAGE THE EMPLOYER.
OSTENSIBLY IS GETTING THE SAME
VALUE OUT OF THAT WORKER THEY
HAVE JUST CHOSEN TO PAY THEM
LESS IF THEY'RE CHEAP PLANE A
MINIMUM WAGE CRACKED YES AND AND
I WOULD JUST SAY LIKE AS A AS A
BROADER POINT.
SOME OF WHAT --
PROFESSOR TO BALL MENTIONED
ABOUT SAID EMPLOY WAGES --
BECAUSE OF THE DYNAMICS DECISION
THAT'S EMPLOYERS CHOICE ON THE
STRUCTURE THINGS THAT WAY YEAH
OKAY I JUST WANNA MAKE SURE THAT
THAT WAS REALLY CLEAR --
BECAUSE I THINK A LOT OF THINGS
ARE SAID I AND I'M SORRY TO GO
HERE ON THIS AND I DON'T KNOW IF
ANY OF YOU KNOW THE ANSWER TO
THIS -- AND
ASKING A QUESTION I KNOW THE
ANSWER TO IS KIND OF UNFAIR BUT
DO ANY OF YOU HAVE ANY DO YOU
TRACK THE EXOTIC DANCER LAWSUITS.
AND SO IS IN FACT DYNAMICS DID
NOTHING TO CHANGE THE POSITION
THEY WERE IN BECAUSE IN TWENTY
TWELVE THERE WAS A CLASS ACTION
TWENTY SEVENTEEN THERE IS A
CLASS ACTION RIGHT THIS WAS.
THEIR THEIR POSITION AS
INDEPENDENT CONTRACTORS FOR SOME
PLACE HAD BEEN ALREADY SETTLED
LAW IS THAT CORRECT YOU WANT TO
COMMENT ON THE GO AHEAD OF I
MEAN THESE --
THE EXOTIC DANCER LAWSUITS HAVE
BEEN GOING ON SINCE AT LEAST THE
NINETEEN NINETIES --
IT.
IS VERY CLEAR BASED ON MY OWN
LEGAL ANALYSIS THAT THESE
WORKERS ARE EMPLOYEES UNDER THE
WEIGHT ORDERS UNDER WORKERS
COMPENSATION LAWS UNDER
UNEMPLOYMENT INSURANCE LAWS.
BOTH UNDER THE BAROLO STANDARD
THEY HAVE THE COMPLETE THE
EXOTIC DANCE COMPANIES HAVE
CONSISTENTLY LOST UNDER THE
BRELO STANDARD.
AS WELL AS UNDER --
UNDER THE A. B. C. TASK THE
DYNAMICS TEST SO THE WOMEN THAT
I HAVE SPOKEN TO WHO ARE
CONCERNED THAT THEIR WAGES HAVE
DROPPED SINCE THE BUSINESS MODEL
HAS CHANGED --
I THINK HAVE BEEN --
IT'S WHAT --
WHAT IS GOING ON IS THAT THE
COMPANIES REFUSED TO INCREASE
THE AMOUNT OF COSTS ASSOCIATED
WITH LABOR?
AND ARE TRYING TO MAINTAIN THEIR
BOTTOM LINE FOR THEMSELVES --
WILL NOT SHIP APPROPRIATELY
SHARING HOW MUCH THEY SHOULD BE
SHARING WITH THE WITH THE WOMEN
THEMSELVES --
AND SO I I FEEL LIKE THERE'S
BEEN A LOT OF MISINFORMATION --
CAN'T PARTICULARLY --
WITH REGARD TO EXOTIC DANCERS.
THANK YOU MAY I JUST HAVE ONE
THING. TO THAT POINT.
OF ONE OF THE YEAH.
CHALLENGES OF TRYING TO SOLVE
PROBLEMS OF THIS SORT BY MEANS
OF CLASS ACTION LITIGATION.
TED THE MINUTE HAS ALL KINDS OF
PROBLEMS IT ONE OF THEM.
IS THE EASE WITH WHICH OUR
BUSINESSES.
ARE ARE CAN TRANSFORM THEMSELVES --
WHEN WE WERE LITIGATING Và ON
BEHALF OF TAXI DRIVERS --
WE WE ARGUED THAT THE THE STATE
WHICH LASTED FOR A WEEK HAD TO
BE RENEWED AT THE END OF EACH
WEEK.
WAS AN ASPECT OF CONTROL THAT
THE COMPANY'S EXERCISED OVER THE
DRIVERS WELL WHAT DID THEY DO
DURING THE LITIGATION A LENGTH
IN THE TERM OF THE LEASE.
OR THEY MADE OTHER CHANGES THAT
YOU CAN HAVE YOUR COUSIN DRIVE
YOU CAN HAVE A HELPER OR
WHATEVER --
AND THE SAME THING IS HAPPENING
AND OTHER --
INDUSTRIES WHERE AND THIS IS THE
GENIUS OF CAPITALISM OF COURSE
THAT.
THE COMPANIES --
FEEL A LEGAL THREAT AND THEY
CHANGE THE WAY THEY DO THINGS TO
AVOID THAT THREAT.
AND IT IT JUST LEADS.
HAS LED TO A MORASS OF
LITIGATION AND CHANGING
STRUCTURES --
THAT I THINK --
THE A. B. C. TEST HOLDS GREAT
PROMISE IN TRYING TO BRING.
A LITTLE CLARITY.
TO I HAVE A LITTLE QUESTION
FLEXIBILITY BECAUSE WE'VE BEEN
TALKING ABOUT THIS MY OFFICE A
LOT -- AND
YOU WORK CLEAR IN THE LAW I'M AS
FAR AS FAR AS DYNAMICS GOES IT
DOESN'T INTERFERE WITH
FLEXIBILITY ON WAIT AN HOUR.
I WOULD TAKE THAT A STEP FURTHER
BECAUSE I'VE BEEN TRYING TO
FIGURE OUT HOW --
IN WHAT SITUATION IN AN EMPLOYEE
EMPLOYER SITUATION --
CAN AN EMPLOYER NOT BE FLEXIBLE
WITH A WORKER IS IS FLEXIBILITY
A PORTION OF THE LOT WORKING OF
AN EMPLOYER ALWAYS BE FLEXIBLE
ON HOURS WORKED TIME PERIOD --
AND AND DESIRE TO WORK.
OR IS THERE SOMETHING LAW THAT
PREVENTS THAT.
SO THE ONLY THING IN THE LAW
THAT.
THAT REALLY IMPACTS TIME IS
OVERTIME PROTECTION SO IF YOU
WORK FOR MORE THAN EIGHT HOURS A
DAY OR FORTY HOURS A WEEK THEN
YOU GET.
OVERTIME AND WHEN THE FAIR LABOR
STANDARDS ACT WAS PASSED THE
REASON THAT THESE OVERTIME
PROTECTIONS WERE INCLUDED WAS
NOT JUST SO THAT WORKERS AND
MADE MORE MONEY BUT ALSO SAID
THAT THEY DIDN'T SPEND ALL OF
THEIR TIME.
WORKING ALL THE TIME --
THE THAT THE SHIFT THE IDEA OF A
SHIP'S TWITCH KANE CAME OUT OF
SCIENTIFIC MANAGEMENT STRUCTURES
DURING THE INDUSTRIAL REVOLUTION
IS NOT ENDEMIC TO HOW WE
REGULATE WORK --
FOR EXAMPLE IF --
IF YOU ARE AN ATTORNEY LIKE AND
LIKE I AM AND YOU WORK AT A LAW
FIRM.
YOU CAN LOG YOUR HOURS A NIGHT
AID AND GET PAID THAT WAY IF YOU
ARE AN UBER DRIVER YOU CAN TURN
ON YOUR APP.
AND AND THAT THE COMPANY KNOWS
EXACTLY HOW LONG YOU'VE WORKED
FOR WHAT YOU GET PAID FOR IS THE
TIME THAT YOU WORK WHETHER OR
NOT YOU WORKING A SHIFT IS A
BUSINESS DECISION.
THAT IS SEPARATE FROM --
SEPARATE FROM THE THE LEGAL
STANDARD SO THIS NOTION OF
FLEXIBILITY WHEN PEOPLE SAY I
WANT TO DO THIS BECAUSE I WANT A
FLEXIBLE WORKPLACE.
THAT IS ALWAYS IN THE HANDS OF
THE EMPLOYER TO OFFER AN
EMPLOYEE OF FLEXIBLE WORK PLACES
THAT NOT TRUE YEAH WHETHER I AM
WRITING A WHOLE BOOK ABOUT THIS.
ABOUT THE MISCONCEPTIONS ABOUT
FREEDOM AND FOR EXTRA
FLEXIBILITY IN THE WORKPLACE AND
WORKERS TAKE THE THEM NOT JUST
WORKERS SMALL BUSINESS PEOPLE
EVERYONE TAKES THIS IDEA REALLY
SERIOUSLY NO ONE WANTS TO BE
UNDER THE THUMB OF THE BOSS.
NO ONE THAT'S WHY I BECAME A LAW
PROFESSOR --
YOU KNOW I I DEEPLY UNDERSTAND
THE DIGNITY DIGNITY ISSUES
INVOLVED HERE AND AND CONFLATING
THESE TWO THINGS BASICALLY PER
STANDARDS AND FRIEDMAN
FLEXIBILITY.
AS AN EMPLOYER LINE THAT --
THAT I THINK A DOES A DISSERVICE
TO PEOPLE WHO ARE WHO ARE
PRODUCING THE WEALTH FOR THE
COMPANIES.
SIMMER OF THIS AND ONE OF TIME
RIGHT NOW AND ONE MORE QUESTION
BETTER OKAY I'M SORRY BECAUSE
THESE ARE ALL LIKE I JUST WANT
TO GET ON THE TABLE LIKE TRUTHS.
SO AS WE MOVE FORWARD WE DON'T
WE DON'T OPERATE IN THAT FIELD
HOPEFULLY --
SO JUST ONE MORE PLEASE SO --
IS THERE IN FACT IN AGAIN I I
JUST WANT AN EXPLANATION AND
PROBABLY ANOTHER PANEL COULD
SPEAK MORE TO THIS BUT THERE OUR
BUSINESS MODELS ARE THERE ARE
EMPLOYMENT MODELS WHERE BY.
A WORKER WORKS FOR MULTIPLE
COMPANIES THROUGH A CENTRALIZED
PLACE AND THEIR WORKERS
COMPENSATION IS PAID THEIR
UNEMPLOYMENT INSURANCE IS PAID
AT MINIMUM WAGES THEY HAVE SICK
TIME THEY HAVE.
VACATION PAY THAT THAT'S TRUE
RIGHT THERE IS THAT THE NOTION
OF A HIRING HALL OR ON THE AS WE
ALWAYS SAY THE INITIAL GET
WORKER THROUGH AT A UNION HIRING
HALL HAS BEEN AROUND FOR DECADES
IS THAT TRUE WHERE WHERE ALL THE
PROTECTIONS.
THE PROTECTIONS FOR THE STATE
WITH THE MONEY COMING AND THE
PROTECTIONS FOR THE WORKER AND
THE PROTECTIONS FOR THE EMPLOYER
TAKING CARE OF IT IN AN
PROVIDING.
COMPLETE FLEXIBILITY AS THAT IS
CORRECT NO THAT'S THAT'S
ABSOLUTELY TRUE IN INDEED TAKE
MODE OF PAYMENT IS ALSO --
IS IT CAN BE QUITE FLEXIBLE
PIECE WORK --
IS.
IS STILL AFFECTING STILL WAFFLE
AND AS LONG AS THE RATE OF PAY
ON A PIECE WORK IS.
IS SUCH THAT.
MINIMUM WAGES ASSURED --
EMPLOYERS ARE FREE EMPLOYEES ARE
FREE. TO WORK BY THE PEACE AND
YET IN THAT ASPECT THOUGH
THEY'RE STILL BENEFITS THAT ARE
ARE OWED IN PAGE TO BOTH THROUGH
THE STATE AND TO THE WORKER CRAP
EARLY I REMEMBERED OR COMPACTLY
NEST LINES FARM WORKER OVER TIME
AND ON SICK DAYS THAT STILL
EXISTS.
RIGHT OKAY THANK YOU GUYS THANK
YOU THANK YOU AND AND I WANT TO
THANK THE PANEL. FOR BEING HERE
AND FOR YOUR AT IT IS --
AN ATMOSPHERIC RIVER TO STUFF I
KNOW I KNOW I I KNOW THE
WEATHER'S PRETTY --
PRETTY CRAZY OUT THERE SAYS WE
SWITCH THE PANEL AND BUT AGAIN I
WANT TO THANK THIS PANEL AS WELL
AS THE THE QUESTIONS WE DO
DEFINITELY THE MOST OF THE AREA
WE WANT THE MOST FLEXIBILITY AS
MEMBERS ASKING QUESTIONS SO.
I'LL BE A LITTLE BIT MORE
FLEXIBLE THERE BUT WE STILL WANT
TO TRY TO MOVE THIS ALONG
ACCORDING TO SCHEDULE.
AND SO --
THE NEXT AS THEY MAKE THEIR WAY
UP ODDS INTRODUCED THE NEXT
PANEL.
OF THE INDUSTRIES --
PERSPECTIVE ON DYNAMICS --
AND BOTH OF THE INDUSTRY PANEL
AS WELL AS THE EMPLOYEE
PERSPECTIVE WE COULD HAVE HAD.
YOU KNOW HE COULD HAVE TEN
TWENTY PEOPLE ON EACH OF THESE
PERSPECTIVE SO I APOLOGIZE TO
THOSE THAT MAYBE IT WOULD HAVE
PREFERRED TO BE ON THE PANEL FOR
BOTH OF THE NEXT TWO BATTLES.
BUT YOU KNOW WE HAVE TO DO SOME
PICKING AND CHOOSING I HOPE WE
CLEARLY ARE SHOWING SOME
DIVERSITY IN THE THE PANELISTS
THAT WE HAVE ASKED TO JOIN US
AND SO WE DO HAVE JENNIFER
BARRERA.
THE CHAMBER OF COMMERCE COURTNEY
JENSEN Là TECHNET.
AND THE RESUME DOCTORS AND JOHN
NORWOOD BUT THE INSURANCE AGENTS
AND FOR THIS BATTLE IN THE NEXT
PANEL WAS THE EMPLOYEE
PERSPECTIVE PANEL --
THE TIME ALLOTMENTS FOUR MINUTES
EACH AND THEN WE'LL HAVE
OPPORTUNITY FOR QUESTIONS FOR Q.
NA AFTER THAT AS WELL AND AND
ALSO.
SERVICE SIMILARLY TO THE THE
LAST PANEL --
ANY PRESENTATIONS POWER POINTS
INFORMATION YOU WANT US TO HAVE
OR TO BE PUT ON THE PUBLIC
DOMAIN --
WILL CERTAINLY MAKE SURE THAT WE
DO THAT AS WELL.
AND SO -- A
JENNIFER WHENEVER YOU'RE READY.
I THINK YOU MISTER CHAIR AND
COMMITTEE MEMBERS GOOD MORNING
AND THANKS FOR THIS OPPORTUNITY
TO DISCUSS SUCH AN IMPORTANT
ISSUE IS THE DYNAMICS DECISION I
DID HAVE PLANNED REMARKS BUT I
THINK I'M GONNA JUMP AROUND A
LITTLE BIT JUST SOME OF THE
DISCUSSION OF THE PRIOR PANEL
AND ADDRESSING.
THE ISSUES --
AS MENTIONED BEFORE THE BRELO
STANDARD WAS THE STANDARD IN
EFFECT FOR APPROXIMATELY THIRTY
YEARS BEFORE THE DYNAMICS
DECISION WAS ISSUED AND DESPITE
THAT PRIOR COMMENTS WE BELIEVE
THAT IT WAS A SIGNIFICANT CHANGE
IN THE STANDARD --
THE ELEVEN FACTORS THAT WILL BE
REALIZED IN THAT BRELO DECISION
WAS THE TOTALITY OF THE
CIRCUMSTANCES WHERE YOU DIDN'T
HAVE TO MEET EVERY SINGLE ONE OF
THOSE FACTORS YOU LOOK THAT KIND
OF THE OVERALL --
SITUATION AND CIRCUMSTANCES OF
THE RELATIONSHIP AND DETERMINE
WHETHER OR NOT THEY FELT MORE ON
THE INDEPENDENT CONTRACTOR SIDE
OR THE EMPLOYEE SIDE YES WHETHER
YOU'RE WORKING IN THE SAME
BUSINESS AS THE HIRING AND TO BE
WAS A FACTOR BUT IT WASN'T ONE
OF THE MANDATORY FACTORS THAT
HAD TO BE.
MET AND IT WAS LARGELY FOCUSED
ON THE RIGHT TO CONTROL THAT THE
HIRING A TV HAD OVER THAT
INDIVIDUAL THAT WAS A STANDARD
IN PLACE FOR OVER THIRTY YEARS
AND THEN THIS DECISION COMES
DOWN AND OVERNIGHT THE STANDARD
IS CHANGED.
WITHOUT A LOT OF NOTICE TO
EMPLOYERS WITHOUT A LOT TO CLEAN
THE SHIFT.
THE ABC TEST I'M NOT GONNA
ROMANTICIZED BRILLO DECISION I
AGREE WITH THE JUDGE'S COMMENTS
THAT IT CAUSED A LOT OF
CONFUSION AND LITIGATION FOR
BOTH EMPLOYERS AND EMPLOYEES.
HOWEVER NOW THE A. B. C. TEST IN
THE RESTRICTIVE NATURE THAT THE
EMPLOYER COMMUNITY THE
INDEPENDENT CONTRACTORS WHO ARE
FACING IT.
BELIEVE IS THAT IT WILL
ELIMINATE THE POTENTIAL FOR
OPPORTUNITY AND CREATE THE SAME
AMOUNT OF LITIGATION OBVIOUSLY
BE A FACTOR FOCUSES ON THE RIGHT
TO CONTROL WHICH IS SOMETHING
THAT THE ROLE OF FACTOR
OBVIOUSLY ARBELLA FACTORS
OBVIOUSLY FOCUSED ON THE B.
FACTOR.
THE USUAL COURSE OF BUSINESS
THAT THIS IS THE MAIN
DISTINCTION I WOULD SAY BETWEEN
THE BRELO IN THE A. B. C. YOU
HAVE TO SATISFY ALL THREE OF
THESE FACTORS IF YOU GET TWO OUT
OF THREE IT'S NOT GOOD ENOUGH
YOU HAVE TO SATISFY ALL.
THREE AND WELL IN SOME
CIRCUMSTANCES --
THE USUAL COURSE OF BUSINESS --
FOR IT MAY BE QUITE CLEAR FOR
EXAMPLE --
WE HAVE EXPERTS APPEAR FROM
OTHER INDUSTRIES BUT IN THE
HEALTH CARE SITUATION IT WOULD
BE VERY DIFFICULT FOR AN
INDIVIDUAL PERFORMING MEDICAL
SERVICES AT A HOSPITAL TO SAY
THEY WEREN'T PERFORMING THE
USUAL COURSE OF THE HIRING
ENTITY.
AND UNDER THAT CIRCUMSTANCE THEY
COULD NOT BE AN INDEPENDENT
CONTRACTOR HOWEVER THERE'S ALSO
CIRCUMSTANCES THAT ARE A LOT
MORE GRAY AN AMBIGUOUS OF
WHETHER OR NOT YOU'RE WITHIN THE
USUAL COURSE OF BUSINESS WHICH I
THINK IS A CHALLENGE OF WHEN --
A STANDARD LIKE THIS IS TO
ADOPTED THROUGH A COURT DECISION
RATHER THAN THROUGH THE
LEGISLATIVE PROCESS IS YOU DON'T
HAVE THE BENEFIT OF DEFINING THE
FULL SCOPE OF WHAT THAT FACTOR
IS.
IT'S GOING TO BE DEPENDENT UPON
HOW RISK OF DETERMINING WHETHER
OR NOT THEY FALL WITHIN THE
USUAL COURSE OF BUSINESS AND THE
LIABILITIES SIGNIFICANT YOU
HEARD FROM THE PRIOR PANEL ALL
OF THE WAGE AND HOUR ISSUES THAT
ARE ASSOCIATED WITH THE
UNEMPLOYMENT TAXES THE WORKERS
COMPENSATION INSURANCE.
THAT'S ALL BAR BORN BY THE
HIRING ENTITY IF THEY FAIL TO
CLASSIFY AN INDIVIDUAL CORRECTLY
AND SO WE WILL BE A LOSS OF
INTEREST IN A OPPORTUNITIES.
FOR MILLIONS OF INDIVIDUALS WHO
ARE INDEPENDENT CONTRACTORS
RIGHT NOW AND WHO DEPEND ON THAT
AS THEIR FINANCIAL RESOURCE --
WE TALKED ABOUT THE
PROFESSIONALS I WANT TO DRUM TO
THAT ISSUE WITH REGARDS THE WAGE
ORDERS THE IDA OR NOTION --
AND I AGREED THAT THIS WAS ONLY
A BASED UPON WAIT ORDERS WE'D
ORDERS WHICH BY THE WAY HAVE NOT
BEEN UPDATED REVISED OR REVIEWED
FOR UP OVER FOURTEEN YEARS THAT
WITH THE I. W. C. WAS DEFENDED
IN TWO THOUSAND FOUR SO WE HAVE
WAGE ORDERS THAT HAVE BEEN
REVIEWED.
UPON WHICH THIS DECISION IS
BASED AND THE NOTION THAT THIS
IS ONLY GOING TO BE APPLICABLE
TO WAIT ORDERS I THINK IT'S
REALLY IFFICULT AND CHALLENGING
FROM THE EMPLOYER PERSPECTIVE.
THERE SO MUCH CROSSOVER BETWEEN
THE WAGE ORDERS AND THE LABOR
CODE THAT IT WOULD BE IMPOSSIBLE
FOR AN EMPLOYER TO SIT THERE AND
TELL AN INDIVIDUAL YOU KNOW WHAT
FOR THE WAGE ORDERS WE'RE GOING
TO TREAT YOU AS AN INDEPENDENT
CONTRACTOR AN EMPLOYEE.
AND FOR THE LABOR CODE VICE
VERSA IT'S JUST AN IMPOSSIBLE
SITUATION THAT'S ACTUALLY NOT
GOING TO HAPPEN I ALSO
RESPECTFULLY DISAGREE THAT THE
PROFESSIONALS WHO ARE EXEMPTS
UNDER THE WAGE ORDERS ARE
THEREFORE NOT.
IMPACTED BY THE DYNAMICS
DECISION EXEMPTIONS UNDER THE
WAGE ORDERS ARE ONLY FOR CERTAIN
SECTIONS OF THOSE WAIT ORDERS
IT'S OVERTIME MINIMUM WAGE A
REST BREAKS IN MIL BREAKS
MEANING YOU'RE A SALARIED
EMPLOYEE.
AND SO YOU'RE EXEMPT FROM THOSE
PROVISIONS THEY'RE NOT EXEMPT
FROM THE ENTIRE WAGE ORDER AND
THEY'RE NOT EXEMPT FROM THE
DEFINITION TO SUFFER OR PERMIT
WHICH IS THE WHOLE DEFINITION
THAT IS FOCUSED ON THE DYNAMICS
DECISION BASICALLY.
BEFORE YOU EVEN GET TO WHETHER
OR NOT THEY'RE A SALARIED
EMPLOYEE YOU HAVE TO FIRST MAKE
THE DISTINCTION OF WHETHER OR
NOT THEY'RE AN INDEPENDENT
CONTRACTOR AND EMPLOYEE AND
THAT'S THE DYNAMICS DECISION AND
SO ALL OF THOSE PROFESSIONALS
WHO MAY.
BE EXEMPTS IF THEY'RE DETERMINED
TO BE AN EMPLOYEE UNDER THE WAGE
ORDERS MAY NOT EVER GET THERE
BECAUSE THEY MAY NOT BE ABLE TO
MAKE THAT AT NATIONAL
DETERMINATION BETWEEN ABC.
AND THE DEPEND CONTRACTORS MY
TIME READY UP CHEESE AGO I
PROMISE OKAY.
I WOULD LOVE TO HAVE ASSEMBLY
MEMBER GONZALEZ BECAUSE I DO
BELIEVE THAT WITH THE RISK OF
LIABILITY IN KIND OF THE STRICT
NATURE SOME THE WAGE AND HOUR
LAWS IN CALIFORNIA IT DOES
LIMóN AN EMPLOYER'S ABILITY TO
GIVE FLEXIBILITY TO THOSE
INDIVIDUALS WHICH IS WHY
INDEPENDENT CONTRACTORS WANT TO
MAINTAIN.
IT WOULD BE VERY CHALLENGING FOR
EMPLOYER JUST TO SAY SHOW UP
WHENEVER YOU WANT YOU CAN LEAVE
WITH AN EVER YOU WANT AND STILL
MAINTAIN THE BUSINESS OPERATIONS
IN THEIR BUSINESS.
LAST AND FINAL POINT THAT I WANT
TO BRING UP --
BUT NOBODY HAS ADDRESSED YET IS
RETROACTIVITY THE COURT WHEN IT
ISSUED ITS DECISION TO NOT JUST
SPECIFIED THT THIS IS ON A
PROSPECTIVE BASIS ACTUALLY
OPENED UP THE DOOR THAT THIS
COULD BE APPLIED ON A
RETROACTIVE BASIS.
AND I THINK IT IS EXTREMELY AND
PATENTLY UNFAIR FOR A BUSINESS
TO BE HELD RESPONSIBLE FOR A
STANDARD THAT HAD NEVER APPEARED
BEFORE IN ANY COURT DECISION HAD
NEVER APPEARED BEFORE IN ANY
STATE STATUTE.
AND HOLD THEM RETROACTIVELY
LIABILITY FOR COMPLAIN WITH A
LOT THE TIME WHICH WAS THE BRELO
FACTORS AND SO I THINK IT'S AN
OPPORTUNITY FOR THE LEGISLATURE
TO INTERVENE AND PROVIDE CLARITY
ON THIS ISSUE.
ESPECIALLY WITH REGARDS TO
RETROACTIVITY IS ABOUT THANK YOU
THANK YOU AND AND AND TO BE
CERTAIN THIS IS NOT LAST AND
YOU'RE GONNA BE HEARD ON THE
ROOF AND HAVE A CHANCE.
TALKING ABOUT THIS SO PLEASE
LIKE YOU KNOW EXCUSE THE THE
TIME LIMITATIONS WANNA MAKE SURE
THAT WE HEAR FROM.
AS MANY FOLKS AS POSSIBLE --
AND THE COURTNEY JENSEN TECHNET
ALWAYS HARD FOLLOWING CHEN BUT
SO GOOD MORNING MISTER CHAIR AND
MEMBERS COURT IN JENSEN WITH
TECH MATT THANK YOU FOR HOLDING
THIS INFORMATIONAL HEARING
INVITING TECHNET TO OFFER
TESTIMONY.
TECHNET REPRESENTS OVER EIGHTY
COMPANIES ON THE TECHNOLOGY AND
INNOVATION ECONOMY THE INDUSTRY
TAKES THIS DECISION VERY
SERIOUSLY GIVEN THE SIGNIFICANT
IMPACT IT COULD HAVE ON THE
CALIFORNIA ECONOMY AND THE
AVAILABILITY OF FLEXIBLE WORK.
OPPORTUNITIES TO DATE THERE HAVE
BEEN NUMEROUS DISCUSSIONS
BETWEEN TECH COMPANIES IN LABOR
AND WE APPRECIATE THE
COLLABORATIVE NATURE OF THOSE
MEETINGS WE BELIEVE PROGRESS IS
BEING MADE AND I WANT TO
EMPHASIZE OUR CONTINUED
COMMITMENT TO FINDING AN
INNOVATIVE SOLUTION.
AT TECH NOT WE BELIEVE THE ISSUE
IS NOT IF WE SHOULD SO IN AN ERA
OF FLEXIBLE WORK THE DEBATE IS
NOT IF WE OFFER BENEFITS TO
WORKERS WHO FREELANCE BUT HOW WE
MAKE THOSE BENEFITS DO THE MOST
GOOD FOR THE MOST PEOPLE.
WHILE ALSO REFLECTING THE
ECONOMIC REALITIES AND THE
UNIQUE CIRCUMSTANCES OF WORKERS
OUR MEMBER COMPANIES HAVE FOUND
COLLABORATIVE THOUGHT PARTNERS
IN THE ADMINISTRATION
LEGISLATURE AND LABOR ON A
VARIETY OF TOPICS FROM WORKER
VOICE TO WORKER BENEFITS.
AS SUCH CALIFORNIA UNIQUELY
POSITIONED DEVELOP A SOLUTION
THAT IS BOTH PRO INNOVATION AND
PRO WORKER AND THAT COULD BE A
MODEL FOR THE NATION.
WHILE HUNDREDS OF THOUSANDS OF
CALIFORNIANS CHOOSE TO EARN
MONEY THROUGH ON DEMAND
PLATFORMS STUDIES HAVE SHOWN
THAT FLEXIBLE WORK OPPORTUNITIES
DO NOT COME AT THE EXPENSE OF
TRADITIONAL EMPLOYMENT.
IN SEPTEMBER TWENTY EIGHTEEN AND
NOW SAYS FROM BEACON ECONOMICS
FOUND IN CALIFORNIA FIVE
EMPLOYEES HAVE BEEN ADDED FOR
EVERY INDEPENDENT CONTRACTOR JOB
FROM.
TWENTY TEN TO TWENTY SIXTEEN
FURTHER THE MOST WIDELY
RECOGNIZED RESEARCH ON THE GIG
ECONOMY THE TWENTY SIXTEEN CATS
KRUEGER STUDY WAS RECENTLY
UPDATED TO SHOW THAT THE GROWTH.
OF ALTERNATIVE WORK ARRANGEMENT
HAS ACTUALLY NOT BEEN HAS
ACTUALLY BEEN MUCH LESS THAN
BELIEVED A TREND IN DATA
REPORTED BY THE US BUREAU OF
LABOR STATISTICS ALSO.
THE BUTTE AND THE BEACON
ECONOMICS THEY CONCLUDED THAT A
WHOLESALE RE CLASSIFICATION OF
WORKERS WOULD HAVE SIGNIFICANT
CONSEQUENCES FOR A VARIETY OF
DIFFERENT SECTORS IN THE STATE'S
ECONOMY.
SINCE THE NATURE OF IN RELIANCE
ON INDEPENDENT CONTRACTING
VARIES BY INDUSTRY A ONE SIZE
FITS ALL POLICY IGNORES THE
COMPLEXITY AND NEW WANTS OF SUCH
WORK ARRANGEMENTS AND THE VALUE
THEY BRING TO THE CALIFORNIA
ECONOMY.
WHILE THERE ARE IMPORTANT ON
NUANCES EVEN WITHIN THE ON
DEMAND ECONOMY ONE CONSTANT IS
THAT THE ON DEMAND WORKERS ENJOY
THE FREEDOM TO CHOOSE WHEN AND
WHERE THEY WANT TO WORK.
HOW LONG THEY WILL WORK AND
WHICH TRIPS DELIVERIES OR OTHER
GIGS THEY WANT TO DO?
IS IMPORTANT TO NOTE THAT THE
COMMONALITY IN THIS DECISION FOR
ALL COMPANIES TECH AND NON TECH
IS PRONGS BNC OF THE A. B. C.
TEST.
ASSUMING THAT A COMPANY FAILS
THE B. AND OR SEE PRONGS AND
THAT COMPANIES WORKERS CAN NO
LONGER BE CLASSIFIED AS
INDEPENDENT CONTRACTORS THE
EFFECTS WOULD BE AS FOLLOWS
COMPANIES COULD NOT SUSTAIN THE
FLEXIBLE ON DEMAND MODEL THEY
HAVE TODAY IT WOULD NOT BE
VIABLE TO LAOS SOMEONE WHO
QUALIFIES. FOR EMPLOYEE BENEFITS
TO WORK JUST ONE TO TWO HOURS
AND AS HIGH.
AS A RESULT DELIVERY DRIVER
PROVIDERS AND TNC DRIVERS WHICH
INCLUDE SINGLE PARENTS WORKERS
RETIREES ON FIXED INCOME WHO
NEED MORE FLEXIBLE SCHEDULES
WOULDN'T BE ABLE TO WORK AT ALL
THE IMPACT WE SQUARELY PLACED ON
WORKERS WHO CAN'T.
OR DON'T WANT TO OBTAIN ANY TYPE
OF TRADITIONAL EMPLOYMENT.
WORKERS COULD NO LONGER DECIDE
THEY DON'T WANT A LONGER DRIVE
OR LARGER ORDER COMPANIES WOULD
HAVE TO IMPOSE A HIGHER
REQUIREMENT TO BE A SHOPPER
DRIVER TO ENSURE EVERY SHOPPER
DRIVER CAN DO EVERY ORDER.
INSTEAD OF THE CURRENT
FLEXIBILITY OF REJECTING ONES
THEY CAN'T DO.
RECOGNIZING THE SOCIETAL NEED
COMPANES HAVE DEVELOPED
INNOVATIVE WAYS TO PROTECT AND
SUPPORT WORKERS THAT INCLUDE
OFFERING OCCUPY OCCUPATIONAL
ACCIDENTS DURRANCE HEALTH AND
SAFETY PROTECTIONS.
UPSCALING OPPORTUNITIES SAME DAY
ACCESS EARNINGS AND MORE HOWEVER
GIVEN THE STRICT NATURE OF THE
CURRENT CALIFORNIA LABOR LAW
THERE ARE MANY INHIBITORS TO
COMPANIES BEING ABLE TO PROVIDE
ADDITIONAL BENEFITS WHILE ALSO
MAINTAINING THE INDEPENDENT
CONTRACTOR STATUS OF WORKERS.
THIS IS WHY WE SUPPORT REFORMS
TO MODERNIZE EMPLOYMENT LAW
WHICH ENABLE COMPANIES TO
PIONEER MORE FORMS OF BENEFITS
WITHOUT SACRIFICING THE
FLEXIBILITY WORKERS ENJOY.
TECHNOLOGY HAS ENABLED A
VALUABLE NOT VALUABLE NEW FORM
OF WORK THAT GIVES WORKERS THE
OPPORTUNITY TO WORK FLEXIBLY. TO
BUILD THEIR BUSINESSES AND TO
EASE THE IMPACT OF INCOME
VOLATILITY INNOVATION HAS
SUPPORTED MANY WORKERS AND THEIR
FAMILIES AS WELL AS RETAIL AND
RESTAURANT AND OTHER SMALL
BUSINESSES THAT WOULD OTHERWISE
BE ECONOMICALLY THREATENS.
THE TECH COMMUNITY HAS ROLLED UP
ITS SLEEVES AND WILL CONTINUE TO
ADVANCE DISCUSSIONS WITH WORKERS
LABOR AND THIS COMMITTEE.
WE THANK YOU FOR ENGAGING WITH
US AND WITH YOUR LEADERSHIP WE
BELIEVE WE CAN WORK TOGETHER TO
FIND A SOLUTION THAT ALLOWS
CALIFORNIA TO CREATE A MODEL
THAT IS PRO INNOVATION AND PRO
WORKER.
THANK YOU FOR DAM.
THANK YOU MISS JOHNSON --
UP NEXT REPRESENT DOCTORS. TO
MADDEN.
THANK YOU MISTER CHAIR MEMBERS
TO MATT AND REPRESENT THE
CALIFORNIA CHAPTER OF THE
AMERICAN COLLEGE OF EMERGENCY
PHYSICIANS --
I APPRECIATE THE OPPORTUNITY TO
COME TALK TO YOU TODAY ABOUT
EMERGENCY PHYSICIANS AND OUR
ORGANIZED I THINK WITH MISS
BERRA KINDA HITTING ON THE
POINTS ON HOW THE DYNAMICS
DECISION A IMPACTS US ALL FOCUS
MORE ON HOW WE'RE STRUCTURED.
BOTH HIS EMPLOYERS AND AS
WORKERS SO LITTLE BIT OF
BACKGROUND IS --
MANY OF YOU KNOW CALIFORNIA LAW
DOES NOT ALLOW HOSPITALS TO
EMPLOY A PHYSICIAN'S THIS IS
COMMONLY REFERRED TO AS THE BAR
ON THE CORPORATE PRACTICE OF
MEDICINE.
FAR PHYSICIANS ARE ARE NOT
EMPLOYEES OF HOSPITALS THERE ARE
SOME EXCEPTIONS TO THIS RULE AS
A RELEASE TO COUNTY HOSPITALS
AND CLINICS AND SOME CHAIRED
ORGANIZATIONS.
BUT FOR THE VAST MAJORITY OF THE
EMERGENCY PHYSICIANS WE CANNOT
BE EMPLOYED BY HOSPITALS.
I'M.
HOW WE ARE ORGANIZED IS MERCY
FISSIONS FORM TOGETHER AND
EMERGENCY PHYSICIANS MEDICAL
GROUP SO LET'S SAY FOR EXAMPLE
THIS COMMITTEE YOU'RE ALL BURN
SUFFICIENT YOU COME TOGETHER TO
FORM AN ORGANIZATION?
COULD BE CORPORATION COULD BE A
PARTNERSHIP AND YOU SAY OKAY
WERE INTO STAFF EMERGENCY
DEPARTMENTS YOU GO TO HOSPITALS.
SUTTER FOR EXAMPLE IN TOWN HERE.
WOULD WE AGREE TO STACK YOUR
HOSPITAL ON A TWENTY FOUR SEVEN
BASIS AND FOR THAT WE RETAINED
YOU RETAIN THE RIGHT TO BILL AND
COLLECT ON YOUR OWN.
SO WHATEVER PATIENTS WALK INTO
THE MERGER DEPARTMENT REGARDLESS
OF WHAT INSURANCE THEY HAVE OR
WHAT THEY DON'T HAVE.
THOSE ARE YOUR CUSTOMERS FOR
LACK OF A BETTER WORD.
I'M AND THAT'S HOW YOU MAKE YOUR
BUSINESS A WORKER SIDE IT'S VERY
COMMON FOR EMERGENCY PHYSICIANS
AS A WORKER TO BE AN INDEPENDENT
CONTRACTOR.
AND THIS IS FOR A COUPLE REASONS.
MANY OF OUR FOLKS LIKE WORKING
IN DIFFERENT FACILITIES SEE MADE
SO MYSELF IF I'M AN EMERGENCY
PHYSICIAN I MAY WANT TO WORK AT
SAUDER.
BUT IT MAY HAVE FAMILY IN
MARYSVILLE OR MAY WANT TO DO
SOME SHIFTS IN READING SO I
COULD COME AND DO SOME SHOWS FOR
USE INDEPENDENT CONTRACTOR BUT
THEN I CAN GO.
AND HAVE FLEXIBILITY DO SHIPS IN
ANOTHER LOCATION.
ON THIS MADE IN THE FIRST PANEL
TALKED ABOUT ANOTHER ASPECT
WHICH I THINK IS UNIQUE TO
PROFESSIONALS PARTICULARLY
PHYSICIANS.
WHICH IS RESOURCES AND
BARGAINING POWER TO BEING HIGHER
WAGE EARNERS --
WE ARE IN A POSITION TO PAY FOR
THE BENEFITS THAT YOU COMMONLY
SEE IN THAT EMPLOYER EMPLOYEE
RELATIONSHIP --
ON THE BARGAINING POWER
PERSPECTIVE AS WE ALL KNOW THERE
IS A PHYSICIAN SHORTAGE IN
CALIFORNIA.
ANOTHER UNFORTUNATE REALITIES
THAT GIVES PHYSICIANS SOME
BARGAINING POWER SO THEY'RE IN A
POSITION WHERE THEY CAN MAKE
THAT CHOICE ON WHERE THEY WANT
TO WORK.
A GOING BACK TO THE HOSPITAL
MODELED AND ANOTHER UNIQUE
ASPECT IS.
WE COME AND WE DON'T PROVIDE ANY
OF THE INFRASTRUCTURE THAT THE
HOSPITAL JOB AS WELL AS THE
SUPPLIES WE MAY HIGHER PHYSICIAN
ASSISTANTS SO WE HANDLE THE
STAFFING DECISIONS.
SO WE DECIDE HOW MANY PHYSICIANS
WILL BE AND NOT HOSPITALS THAT'S
ANOTHER UNIQUE ASPECT OF THAT
RELATIONSHIP BETWEEN THE
HOSPITALS AND PHYSICIAN'S.
ARM.
OUR FOLKS WE FIND LIKE BEING
INDEPENDENT CONTRACTORS WHO GETS
BACK TO THE POINT OF THEM HAVING
THE FLEXIBILITY.
TO WORK IN DIFFERENT LOCATIONS --
FROM A BUSINESS PERSPECTIVE IT
DOES PROVIDE FLEXIBILITY TO THE
EMERGENCY PHYSICIAN GROUP
PARTICULARLY IN RURAL IN THE
INNER URBAN AREAS WHERE IT CAN
BE HARD TO RECRUIT PHYSICIANS.
NOT IT'S BEEN TALKED ABOUT THAT
BENEFITS COULD BE AS MUCH AS 30%.
THAT CAN BE DIFFICULT FOR A
FACILITY IN DOWNTOWN LOS ANGELES
WERE 81% OF THE PATIENTS THEY
SEE OR MEDI CAL ENROLLEES SO IF
YOU'RE TRYING TO RUN A BUSINESS
AND YOU HAVE 81% OF YOUR
CUSTOMERS ARE MEDI CAL ENROLLEES.
ON YOUR YOU WANT TO HAVE SOME
FLEXIBILITY IN TERMS OF HOW YOU --
PAY PHYSICIANS SO THAT'S A
SNAPSHOT OF HOW WE'RE ORGANIZED
I'M GLAD CA FITTED IN UNDER FOUR
MINUTES IN OBVIOUSLY AVAILABLE
TO ANSWER ANY QUESTIONS.
THAT THE DOT THE DOCTORS LED THE
THE THE THE DOCTORS REP IN THE
JUDGE --
THEM ON TIME.
AND THAT AROUND ON THIS PANEL --
JOHN NOR WOULD WITH THE
INSURANCE AGENTS SHERMAN MEMBERS
THANK YOU --
JOHN NORWOOD REPRESENTING
INDEPENDENT INSURANCE AGENTS
BROKERS I ALSO HAVE THE
PRIVILEGE TODAY OF REALLY
SPEAKING ON BEHALF OF THE ENTIRE
INSURANCE INDUSTRY --
I THINK ACROSS ALL LINES OF
INSURANCE IN CALIFORNIA AND AND
THEY NATIONALLY THE DOMINANT AND
PREFERRED --
DELIVERY SYSTEM OR SALES
MECHANISM FOR INSURANCES
INDEPENDENT CONTRACTOR AS FAR AS
I KNOW IT'S BEEN THAT WAY FOR
OVER A HUNDRED YEARS --
OUR MEMBERS MOST OF WHICH HAVE
BEEN IN BUSINESS FOR HIM TO OVER
GENERATIONS AND REPRESENT
NUMEROUS INSURANCE COMPANIES
EITHER HAS APPOINTED AGENTS OR
IN HOUSE --
IT AS BROKERS --
THEY HAVE THEIR OWN BUILT ON
EMPLOYEES BY THEIR INSURANCE PAY
THEIR TAXES ON THE RENEWALS AND
CAN SELL THEIR BUSINESSES.
THE SAME IS TRUE OF OTHER --
DELIVERY SYSTEMS IN THE
INSURANCE BUSINESS FOR INSTANCE
INSURANCE AGENTS THAT ARE --
ASSOCIATED PRIMARILY WITH ONE
INSURANCE COMPANY AND THE LIFE
FOR HEALTH BUSINESS OR IN THE
PROPERTY CASUALLY BUSINESS SUCH
AS STATE FARM FARMERS ALL STATE.
THE ONLY DIFFERENCE IS REALLY
THAT THEY REPRESENT YOUR FEWER
INSURERS MADE PRIMARILY THEY'RE
PLACING BUSINESS WITH ONE
INSURER BUT THEY HAVE OPTIONS
WITH REGARD TO PLACING WITH
OTHER INSURERS.
SOMETIMES THROUGH DIFFERENT
KINDS OF PARTNERSHIPS SOMETIMES
UNDER FOR TRY REFUSALS EXCEPT
FOR BUT ESSENTIALLY THEY'RE THE
SAME AS OUR MEMBERS THEY RUN
THEIR OWN BUSINESSES.
THEY OWN THE RENEWALS I CAN SELL
THEIR BUSINESSES THAT TYPE OF
THING EVEN IN THE DIRECT WRITER
SPACE -- BUT
THE GUY CODES --
AUTO CLUBS AND THINGS LIKE THAT
COMPANIES CAN EMPLOYEE --
OF LICENSE CALL CENTERS AND TO
HOME TO SELL AND OR SERVICE OR
THEIR PRODUCTS IS A ONE OF A
KIND OF VIRTUAL AN INSURANCE
BUSINESS DONE THIS COUNTRY.
THE INDUSTRY'S PROBLEM WAS
DYNAMAX IS OBVIOUSLY THE BEEF
HELP PRONG OF THE OF THE OF THE
TESTIFIED INSURERS CITY IN A
SITUATION WHERE THEY HAVE TO
PROVE.
THAT AND THEN AN AGENT --
IS AN INDEPENDENT CONTRACTOR
LIKE TO WORK THROUGH ALL WELL
ISN'T AGENCY LAW CALIFORNIAN
UNDER AGENCY LAW THE AGENT IS IN
FACT THE COMPANY --
THEY ARE ABLE TO BIND COVERAGE --
EVEN THOUGH THE AGENT OR BROKER
HAS THEIR OWN INSURANCE ARE
OWNED BY THEIR BOND IF THE IF
THERE'S MALFEASANCE THE LAWYERS
GOING TO SELL THROUGH THE
INSURANCE AGENT.
AS WELL AS THE COMPANY SO THERE
REALLY IN THAT POSSIBLE
SITUATION AND FOR THAT THOSE
REASONS WE STRONGLY FEEL THAT WE
NEED TO HAVE.
SOME CLARIFICATION FROM --
THE DYNAMICS DECISION --
WE WORK WITH THE INDUSTRY TO
DEVELOP LANGUAGE ON THAT POINT
SINCE OCTOBER OF LAST YEAR WE'VE
HAD.
DISCUSSIONS WITH ORGANIZED LABOR
GROUPS AND VARIOUS KEY
LEGISLATORS ON THIS ON THIS
ISSUE -- I
HAVE TO SAY THAT --
WITH.
UP TO THIS POINT WE FEEL THOSE
DISCUSSIONS ARE GOING VERY WELL --
DO SUBJECT TO SEEING LANGUAGE
AND THAT'S EVERYTHING WHICH WE
HAVEN'T SEEN YET THAT
CONCEPTUALLY WE THINK --
SO WHAT WE'RE TALKING ABOUT IS
IS -- IS --
IS POSITIVE AND ALL RULED IN
SOME BROKERS PLAY IN THE IN THE
IN IN THIS --
SALES MECHANISM SO WE LOOK
FORWARD TO CONTINUING THOSE
DISCUSSIONS WITH ALL THE OF THIS
COMMITTEE AND MEMBERS AND OTHER
THANK YOU FOR YOUR TIME AND
ATTENTION.
THANK YOU VERY MUCH MISSIONAL
WOULDN'T ALL THE PANELISTS I
THINK THAT YOU KNOW FROM.
EXOTIC DANCERS EMERGES FROM
DOCTOR TO GET WORKERS INTO A
MAGIC IT DEMONSTRATES OR THE
COMPLEXITY.
OF THE ISSUE BUT I ALSO
APPRECIATE THAT THAT --
CONVERSATIONS ARE HAPPENING THE
PEOPLE AT LEAST ARE ARE TALKING
TO ONE ANOTHER BECAUSE WE NEED
TO ON AN ISSUE OF THIS.
NATURE NO DOUBT ABOUT AND I HAVE
A COUPLE QUESTIONS OR I HANDED
OVER.
I'M.
AND SO.
MISTER JENSEN --
BUT BE BE HEARD THE THE PANEL
BEFORE TALKING ABOUT KIND OF A I
THINK GHOST FASHIONABLE WAS
TALKING ABOUT WILD.
FREEDOM AND COMPLYING WITH
WEIGHT ORDERS ARE TWO DIFFERENT
THINGS WE DON'T FLEXIBILITY A
COMBINED WAGE ORDERS ARE.
FROM TWO SEPARATE THINGS YOU SEE.
DO YOU AGREE WITH THAT AND AND I
GUESS I I GUESS THE POINT IS
THAT IF IF THE WAGE ORDER
REQUIRES.
BASIC MINIMUM STANDARDS ABOUT
CALIFORNIA LAW REQUIRES NO
MINIMUM WAGE AND OVERTIME WHAT
HAVE YOU.
WHO WOULD?
WOULD THAT BE SOMETHING THAT
COULD BE ACCOMPLISHED WITHIN THE
BUSINESS MODEL --
THAT PLAYERS --
THEM EMPLOY.
THERE'S THE DRIVERS THAT
DELIVERY OR WHAT HAVE YOU
[inaudible]
SO.
SO -- I'LL
START OFF BY SAYING YOU KNOW
CONVERSATIONS ARE ONGOING AND SO
WERE CONTINUING TO WORK THROUGH
ALL OF THE DIFFERENT PARTS OF
THIS --
ISSUE AND ALL THE DIFFERENT
PIECES OF BENEFITS SO LIKE CHEN
MENTION LIKE WORKING IN A WAGE
ORDERS IS JUST ONE PIECE OF IT
WE'VE GOT A LOT OF OTHER PIECES
THAT NEED TO BE.
HASHED OUT BETWEEN DIFFERENT
PIECES OF LAW AND SO WHAT WE
BELIEVE IS THAT YOU KNOW THERE
WE WANT FLEXIBILITY AND
STABILITY AND SO HOW DO WE GET
THERE -- AND
HOW DO WE MAKE SURE THAT WE DO
SO IN A WAY THAT THESE
BUSINESSES CAN KEEP PROVIDING
THE OPPORTUNITIES THAT THEIR
WORKERS HAVE TODAY --
AND THE THE ABILITY FOR
CONSUMERS TO USE THESE PRODUCTS
AND SO YOU KNOW WE'RE WE'RE
STILL CONTINUING TO WORK THROUGH
THAT PROCESS AND CONTINUING TO
WORK WITH OUR MEMBER COMPANIES
TO GET THERE --
AND THEY ARE WORKING AND DOING
REALLY HARD WORK WITH --
ORGANIZED LABOR TO FIGURE THAT
OUT -- BUT
WE DO BELIEVE THAT FLEXIBILITY
AND STABILITY CAN BE
ACCOMPLISHED --
AND SO WE'RE WE'RE JUST TRYING
TO GET THAT OF THE THE
FLEXIBILITY BUT ALSO I MEAN
HAVING THE BARE MINIMUM MAKING
SURE THAT.
YEAH AS I A CASE.
HAS AT LEAST MINIMUM WAGE AT
LEAST -- HAS
THEIR WORKING EX NUMBER HOURS
THAT THEY GET COMPENSATED AT
LEAST TO MEET THE THE LAW AND AS
IT APPLIES THE WAGE ORDERS.
SO I'M NOT GOING TO COMMENT ON
SPECIFIC PIECES OF ME AND HIM
AND AND I'VE I'M UP HERE
REPRESENTING OUR ASSOCIATION AND
NOT OUR INDIVIDUAL MEMBERS SO
THAT YES YEAH WE'RE WORKING
THROUGH ALL THOSE ISSUES --
BUT WHAT I SAID IN THE BEGINNING
AS YOU KNOW WE DON'T BELIEVE
IT'S YOU KNOW IF WE PROVIDE
BENEFITS IT'S HOW WE PROVIDE
THOSE BENEFITS AND SO THERE'S A
LOT OF DEVIL IN THE DETAILS THE
ORDER CONTAINED WORK OUT THAT I
DON'T MEAN.
TO YEAH ACCOUNTS REPRESENT A
TRAIN STATION --
INDIVIDUAL COMPANIES BUT AND AND
THEN -- MISS
BARRERA IS.
AS THE THE CASE THE DYNAMICS
CASE AS A APPLIES TO WAGE ORDERS
THE INDICATED THAT --
BUT THERE'S A LOT OF CROSSOVER
LABOR CODE WHAT HAVE YOU NOW IS
THAT.
A CROSSOVER DRUGS A PRACTICAL
APPLICATION OR IS IT A CONCERN
THAT THE COURTS WILL.
THAT IT'LL BE IN TROUBLE IN A
MORE EXPANSIVE VIEW EITHER BUT
INTERPRETING DYNAMICS OR
SUBSEQUENT.
NO COURT RULINGS THAT MAY
EXPANDED SO YOU HAVE TO KIND OF
BE PREPARED. FOR THAT CROSSOVER
YEAH I'M I THINK IT'S A LITTLE
BIT OF BOTH --
I KNOW THERE IS A DECISION THAT
SAID HEY THE DYNAMICS DECISION
WAS ONLY APPLICABLE TO WAIT
ORDERS AND NOT LABOR CO CLAIMS
IN CERTAINLY WITH THAT CASE
ITSELF BASE BUT THE LABOR CO
CLAIMS AND THE WAGE ORDER CLAIMS.
HOWEVER I'LL GIVE YOU AN EXAMPLE
OF HOW DIFFICULT IT WOULD BE TO
CROSS OVER THERE'S A PROVISION
THAT SAYS YOU HAVE TO REIMBURSE
FOR TOOLS IN UNIFORM AND UNDER
THE LABOR CODE IT SAYS THAT YOU
HAVE TO REIMBURSE FOR ALL
EMPLOYEE RELATED EXPENSES.
SO IF I BRING A CLAIM --
AND TOOLS UNIFORMED EQUIPMENT
SKEWS ME UNDER THE WAGE ORDERS
IF I BRING A CLAIM UNDER BOTH.
YOU KNOW RIGHT FOR THE SAME
EXPENSE AND I AL ALLEGE A CLAIM
UNDER THE LABOR CODE PROVISION
FOR MY EXPENSE REIMBURSEMENT AND
ONE UNDER THE WAGE ORDER WHAT IS
A CAR GOING TO DO WITH THAT.
AND ARE YOU GOING TO BASICALLY
DENIED THE CLAIM UNDER THE LABOR
CODE AND SAY UNDER THE BROILER
FACTORS YOUR INDEPENDENT
CONTRACTOR BUT ON THE WAGE ORDER
YOUR A AN EMPLOYEE AND WHAT I
MEAN HONESTLY WHAT IS THE
DISTINCTION IN REALITY.
MATTER TO SOME EXTENT RIGHT
BECAUSE IT'S THE SAME CLAIM IS
JUST BEING ALLEGED UNDER A
DIFFERENT PROVISION AND AGAIN --
WITH YOUR AN EMPLOYEE UNDER ONE
AND NOT INTO THE OTHER IT REALLY
DOESN'T HAVE ANY ACTUAL.
RESULT THAT'S MEANINGFUL AND
DISTINCT AND SO I THINK IT WOULD
BE WELL.
WHILE THE DECISION --
WOULD BE SEEN AS LIKE OH THIS IS
A A FAVOR IN THE GARCIA DECISION
DYNAMICS --
JENNER'S I THINK IT JUST ADDS
ANOTHER LAYER OF CONFUSION FOR
EMPLOYERS --
AND BUSINESSES AND INDEPENDENT
CONTRACTORS WHO ARE TRYING TO
OPERATE IN THE SPACE ON HOW THEY
NAVIGATE AND CLASSIFY
INDIVIDUALS.
THANK YOU --
MEMBERS.
SOME OF HIS OFFICE I JUST WANT
TO STATE THAT I TEND TO AGREE
WITH YOU MISTER SOUTH AT THAT
YEAH.
I I NEED EVERY.
HAVE WE WOULD EVENTUALLY I THINK
THROUGH COURTS GET DYNAMAX TO
EVERYTHING --
WHICH IS WHAT THE STATE LAW NOW.
JUST A REMINDER EVERYBODY I MEAN
THAT IS THE STATE OF THE LAW --
SO I HAVE A QUESTION THAT YOU
MAY NOT BE ABLE TO ANSWER TODAY
AND I TOTALLY UNDERSTAND I'LL
TAKE THE ANSWERS LATER BUT AND
IN NO WAY STE SHOULD THE SUGGEST.
A DIRECTION THAT I MOVING I'M
JUST -- OUT
OF CURIOSITY IT'S AN INTERESTING
QUESTION WITH WITH EASE IS --
FOR ALL THREE OF THE DIFFERENT
TYPES OF WORKERS AND I KNOW
YOU'RE THE WORKERS UNDER ATTACK
ARE KIND DIFFERENT BUT YOU KNOW
DRIVER DELIVERY KIND OF THING --
YOUR COMPANIES AN AND YOUR
WORKERS [inaudible]
WHAT -- WHAT
IS THE PROTOCOL OF SOMEBODY GETS
HURT ON THE JOB?
WHO PAYS FOR THAT HOW'S THAT
PAID -- WHAT
IS THE PERCENTAGE OF YOUR
WORKERS THAT ARE ABLE TO
PURCHASE AND SUBSIDIZED HEALTH
CARE?
HOW MUCH IS THE AVERAGE SALARY
OF THE WORKERS IN YOUR FIELD?
SO THOSE ARE ALL THREE JUST --
QUESTIONS.
AT THE END OF POSSIBLE ALTHOUGH
I BEEN TRYING TO GET THIS ANSWER
FROM EVERYBODY FOR YEARS HOW
MANY OF YOUR WORKERS ARE ON ANY
SORT OF PUBLIC BENEFITS CAL
FRESH CAL WORKS.
PUBLIC HOUSING SUBSIDIZED
HOUSING FREE LUNCH --
I DON'T THINK I'LL GET THAT
ANSWER BECAUSE I'VE BEEN ASKING
FOR A LONG TIME AND A BILL LIKE
THAT WAS KILLED --
BUT YOU KNOW WE CAN ALWAYS TRY
AGAIN BUT I THINK THESE ARE
IMPORTANT DISCUSSIONS WHEN WE
TALK ABOUT THE STATE'S INTEREST
IN WHAT WE'RE DOING HERE --
AND I WOULD LOVE TO HEAR IF YOU
IF YOU KNOW ANY OF THOSE ANSWERS
ARE BALLPARK IT IF NOT I CAN
WAIT TO RECEIVE THOSE
[inaudible]
SUMMER CREEL [inaudible]
HELLO [inaudible]
IN.
TWO THANK YOU MISTER CHAIR --
MISS JOHNSON I JUST --
I'M VERY CURIOUS I HAD A RECENT
CONVERSATION --
WITH SOMEONE.
WERE TALKING ABOUT THE FEDERAL
WORKERS WHO ARE NOT --
ABLE TO RECEIVE.
NO THEIR CELL --
A POTENTIAL PART TIME JOB SO
THAT THEY CAN.
PUT FOOD ON THE TABLE PAY THEIR
RENT A VERY DIFFERENT I THINK --
SITUATION THE NORMALLY AND SOME
ALSO JUST CURIOUS AS TO THE
PERCENTAGE OF WORKERS THAT ENTER
YOUR WORK FORCE THAT ARE.
PART TIME TEMPORARY AND NOT
NECESSARILY USING THIS AS A FULL
TIME JOB AND WHAT IS THE
DIFFERENCE BETWEEN THAT.
AND FULL TIME EMPLOYERS THAT
WERE TALK FULL TIME EMPLOYEES
THAT WE'RE TALKING ABOUT SHOULD
HAVE SOME OF THE BENEFITS THAT
FULL TIME WORKERS.
A SHOULD RECEIVE.
YEAH -- WE
CAN WE CAN GET BACK TO YOU WITH
THEM US SPECIFIC STATISTICS ON
THAT BUT JUST A AN INTERESTING
PORT --
PORTION OF THAT THE THE DATA AND
THE COMMENT I MADE EARLIER ABOUT
THE CATS KRUEGER STUDY AND THE
YEARS U. S. BUREAU OF STATISTICS
LABOR STATISTICS EARLY ON IN
THAT CITY FIRST CAME OUT IT WAS
DURING THE RECESSION --
AND SO IT SAID THAT THERE IS
LIKE THIS FIVE GET KIND OF AND
THEN LATER ON BECAUSE OF WE
WEREN'T IN THE RECESSION ANYMORE
IT WAS ACTUALLY FOUND THAT THAT
GROWTH WAS BETWEEN ONE POINT
FIVE AND 2%.
SO YOU DO SEE THAT DURING YOU
KNOW RECESSIONS DOWN TURNS
SITUATIONS LIKE WITH THE FEDERAL
WORKERS AND I'M NOT GETTING PAID
THAT THESE ARE OPPORTUNITIES FOR
PEOPLE TO SUPPLEMENT THEIR
INCOME OR DEAL WITH THE
SITUATION WHEN THEY FIND
THEMSELVES UNEMPLOYED OR
SOMETHING LIKE THAT --
AND SO I'LL GET BACK TO YOU WITH
SOME SPECIFICS ON DATA BETWEEN
FULL TIME AND PART TIME AND
PEOPLE WHO JUST USE IT --
YOU KNOW AS THEY NEED --
BUT JUST TO GIVE YOU A LITTLE
BIT LATER THEIR GERMAN IF I
COULD JUST ANSWER AS CONSOLES
QUESTION BRIEFLY I THINK FROM
OUR MEMBERS STANDPOINT.
IN TERMS OF A SOMEBODY GOT
INJURED ON THE JOB --
TO THE EXTENT OUR MEMBERS ARE
THAT SOLE PROPRIETORSHIPS
PARTNERSHIPS TO THINGS LIKE THAT
A RUN INSURANCE AGENCIES THERE
IN THE INSURANCE BUSINESS SO
THEY KNOW ABOUT DISABILITY.
INSURANCE AND WAYS TO TAKE CARE
OF THEMSELVES FROM THAT
STANDPOINT FOR THEIR EMPLOYEES
OR EMPLOYEES ALL BE COVERED
UNDER EXTENT YOU KNOW EXTENSIVE
BENEFITS I DOUBT SERIOUSLY TO
DON'T WANT I DON'T KNOW WHAT THE
AVERAGE SALARY IS THAT OBVIOUSLY
COULD.
VARY WIDELY FROM SOMEBODY FRESH
OUT OF COLLEGE SELLING LIFE
INSURANCE TO SOMEBODY YOU KNOW
DOING -- YOU
KNOW THERE'S BEEN IN A NATIONAL
BROKERAGE BUSINESS AND SO IT'S
IT'S IT'S VERY WIDELY BUT I
WOULD DOUBT THAT VERY MANY OF
OUR MEMBERS ARE A ON ANY TYPE OF
PUBLIC ASSISTANCE OR BELOW
MINIMUM WAGE [inaudible]
THANK.
YEAH AND JUST FOLLOWING UP ON AS
A RECOVERY I THINK THAT THE YOU
KNOW WE HEAR ABOUT HOW THE WHOLE
SIDE HUSTLE THING AND ALL THAT
AND THERE ARE PEOPLE I KNOW
PEOPLE THAT WORLD MAYBE FOR FIVE
TEN HOURS A WEEK JUST KIND OF
SUPPLEMENT.
AND THAT CAUSED A WHOLE OTHER
ISSUE WHETHER THEIR JOB IS
PAYING THEM ENOUGH TO ACTUALLY
SURVIVE ON BUT THAT'S A SEPARATE
ISSUE.
BUT THERE IS A DISTINCTION
BETWEEN THOSE THAT ARE KIND OF
DOING A JUST A SUPPLEMENTING
COME A LITTLE BIT AND AND THOSE
THAT ARE REALLY. THIRTY FORTY
PLUS HOURS A WEEK AND SO THOSE
THOSE HAVE TO GRAPPLE THIS
LARGER ISSUE EVEN NOT NESTLE
JUST ON THIS ONE ISSUE BUT JUST
KIND OF THE WHOLE FUTURE OF WORK
CONCEPT TO KINDA HOW PEOPLE ARE
ARE WORKING --
WHAT WHAT OUR EMPLOYMENT
OPPORTUNITIES IN TWENTY NINETEEN
VERSUS WHAT THEY WERE TEN YEARS
AGO AND YOU KNOW WHAT WHAT ARE
THE PUBLIC POLICY RAMIFICATIONS
OF THAT?
SO THANK YOU SO MUCH ANY OTHER
QUESTIONS COMMENTS SERVICE --
FROM WHAT I SEE FROM YOUR
INDUSTRIES --
ONE DIFFERENCE IS THE TYPE OF
TRAINING OR SPECIALIZED SKILL
RATE THAT.
EACH OF YOUR INDUSTRIES HOUSE
AND I YOU KNOW LIKE I THINK OF
ANY OUR PHYSICIAN THE HOSPITAL.
ISN'T TRAINING THE POSITION
RIGHT THEY COME IN WITH THE
SPECIALIZED SKILL.
AND THEY'RE ABLE TO OPERATOR RUN
THE EMERGENCY ROOM WHILE --
OTHERS YOU'RE PROBABLY ARE
PROVIDING MORE TRAINING --
TO YOUR MEMBERS --
RATE I MEAN SO I GUESS I JUST
THINK OF YOU KNOW THAT
DIFFERENCE IN TERMS OF WHETHER
YOU'RE AN EMPLOYEE VERSUS AN
INDEPENDENT CONTRACTOR.
TERMS OF THE AMOUNT OF TRAINING
AND IF YOU HAVE ANY COMMENTS
[inaudible]
ON THAT.
THANK YOU SO REMEMBER TO MAD
WITH EMERGENCY BINGE AND YOU'RE
CORRECT SO POSITIONS GO TO
RESIDENTS TO MEDICAL SCHOOL AND
RESIDENCY PROGRAMS AND COMING
OUT OF RESIN TO BROWN'S AND THEY
BEGIN TO WORK IT.
DIFFERENT HOSPITALS SO WE'RE NOT
RECEIVING ANY ADDITIONAL MEDICAL
TRAINING FROM THE FACILITIES
THEMSELVES.
SO IN THAT SENSE WERE VERY MUCH
INDEPENDENT IF WE DO --
RECEIVE ADDITIONAL TRAINING IS
DONE TO CONTINUING MEDICAL
EDUCATION WHICH AGAIN IS
SEPARATE FROM --
HOSPITALS IS NOT DONE ON SITE
IT'S SOMETHING THAT'S EACH
INDIVIDUAL PHYSICIAN RESPONSIBLE
FOR DOING IT ON THEIR OWN.
WHAT WHY YOU GUYS ANSWER AND IF
YOU COULD ADD TO THIS EIGHT I
THINK IT'S AN IMPORTANT QUESTION
AN AS YET?
GREATLY SO WHERE WE DO HOLD A
LICENSE THAT SO --
HELD OR OVERSEEN BY THE MEDICAL
BOARD OF CALIFORNIA IT'S AN FOR
OUR MEMBERS IN PET INSURANCE
AGENTS AND BROKERS IN THE
INDUSTRY IN GENERAL A LICENSED
INSURANCE PROFESSIONALS
REGULATED BY THE DEPARTMENT OF
INSURANCE.
AND WE'RE TO GET THAT LICENSE --
SUBSTANTIAL PRE LICENSING
EDUCATION AS WELL AS POST
LICENSING EDUCATION CERTAINLY
ARE ARE --
MEMBERS HELP YOU HELD THEIR
SALES PEOPLE ON THEIR EMPLOYEES
WITH THE EDUCATION --
BE A WITHIN THE THE AGENCY BUT
THEY CAN GET THAT CONTINUE
EDUCATION OUTSIDE THE AGENCY
EASILY AS WELL.
I WOULD JUST ADD TO THAT THAT --
IF THE HIRING ENTITIES ACTUALLY
TRAINING ON A PARTICULAR ISSUE
WERE PROJECT THAT WOULD PROBABLY
GO TO THE CONTROL FACTOR --
WHICH IS THE FIRST FACTOR IN THE
DYNAMICS DECISION AND SO THAT
COULD --
DISTINGUISH THE TEST RIGHT THERE
IF YOU'RE PROVIDING A LOT OF
TRAINING TO THOSE INDIVIDUALS IN
THAT IN THAT CAPACITY YEAH NOT
THEM ECHO WHAT CHEN SAID IN AND
THERE IS A DESIRE TO POR PER
PRIDE MORE TRAINING BUT IT DOES
OFTENTIMES PUT US IN CONFLICT --
AND THEN JUST TO BACK UP A
LITTLE BIT SORRY I GO AND I HAVE
LESS THAN --
PLUS HOURS A WEEK AND EIGHTY
PLUS PERCENT LESS --
DRIVE LESS THAN THIRTY HOURS PER
WEEK.
THE AND ALWAYS HELPFUL AND WITH
COMPANY OR IS THAT.
FOR AT ITS TODAY FOR AN
INDIVIDUAL COMPANY YET LL ITS
FIRST IT HAS SIX AND I'LL GET
BACK TO YOU AS OUT OF BROADER
BECAUSE THAT IS DRIVERS AND WE
ALSO HAVE --
DELIVERY PARTNERS AND WE ALSO
HAVE OTHERS THAT WE'VE HEARD IN
FACT FROM THE COMPANIES
THEMSELVES THAT MULTIPLE PEOPLE
WORK FOR MULTIPLE COMPANIES AT
THE SAME TIME SO IT'S HOURS WORK
FOR SAID IN AN YEAH I MEAN A
CONSTRUCTION WORKER MIGHT ONLY
WORK FOR ONE COMPANY FOR FIVE
HOURS IN.
A WEEK BUT MAY BE WORKING FORTY
FIVE HOURS A WEEK SO IT FORK ANY
CONSTRUCTION COMPANY.
THIS IMMIGRANT THANK YOU THANK
YOU FOR THAT AND JUST APPOINT A
CLARIFICATION WE SAY DRIVERS DO
YOU MEAN LIKE FOR LIKE COMPANIES
THAT DO.
THAT CAN PICK ME UP AND TAKE ME
SOMEWHERE ARE YOU TALKING ABOUT
LIKE DELIVERY SERVICES SO THAT'S
WHAT I'M GONNA GET YOU KIND OF A
BREAK DOWN BETTER OF DELIVERY
VERSES YOU KNOW DELIVERY AM
ACROSS THE INDUSTRY DELIVERY AND
THEN ALSO DRIVERS --
TO PROVIDE TRANSPORTATION
SERVICES.
THANK YOU ALL VERY MUCH I REALLY
APPRECIATE IT WE ARE OVER AND WE
WERE GOING OVER TIME BUT I I
THIS BOOK I SAID THIS PORTION
THE Q. AND IT IS OUR FIRST
PUBLIC YOUR NAME.
ON THIS ISSUES I THINK IS REALLY
VALUABLE INSTRUCTIVE SO THANK
YOU ALL --
AND NEXT UP WE HAVE --
THE EMPLOYEE PERSPECTIVE ON
DYNAMICS --
CAITLYN VEGA WITH THE CALIFORNIA
LABOR FEDERATION.
I THINK A COUPLE OTHER FOLKS
COMING FALL YEAH --
THERE IS A CAESAR TIAS FROM THE
BUILDING SHE BUILDING TRADES.
WHATEVER IT IS THEY FELL. TO SAY
SIR D. AS DOUG BLOCK.
REDUCING TEAMSTERS AND DAVE
WHERE THAT WITH SCA YOU U. S. DE
ANSWERS [inaudible]
AFTERWARD.
AND IF THE EVERY WAY TO GO WILL
GO AHEAD AND START WITH --
WITH MISS VEGA WITH THE
CALIFORNIA LABOR FEDERATION.
MISTER CHAIR AND MEMBERS CAITLIN
VEGA FOR THE CALIFORNIA LABOR
FEDERATION THANK YOU VERY MUCH
FOR THE OPPORTUNITY TO
PARTICIPATE.
IN THIS IMPORTANT HEARING.
I WANNA BEGIN BECAUSE WE'VE
TALKED ABOUT SOME OF THE MINIMAL
STANDARDS THAT WORKERS ARE
ENTITLED TO ENTER CALIFORNIA LAW.
SO ONE BEGIN BY JUST NOTING
WORKING PEOPLE FOUGHT AND DIED
FOR EVERYONE OF THOSE
PROTECTIONS FOR A MINIMUM WAGE
FOR THE RIGHT TO AN EIGHT HOUR
DAY FOR THE RIGHT TO JOIN THE
UNION.
AND THAT'S WHY MISS
CLASSIFICATION IS SUCH A THREAT
TO EVERYTHING THAT THE LABOR
MOVEMENT BELIEVES IN.
IT NOT ONLY TAKES AWAY EVERY
RIGHT THAT EXISTS FOR WORKERS.
IT TAKES AWAY THE RIGHT OF
WORKERS TO COME TOGETHER AND
FIGHT TO IMPROVE THEIR
CONDITIONS.
AS INDEPENDENT CONTRACTORS THEY
ARE LEGALLY PROHIBITED FROM
DOING THAT SO THEY START BELOW
THE MINIMUM AND THEY ARE LEGALLY
PROHIBITED FROM COMING TOGETHER
TO TRY TO MAKE THEIR LIVES
BETTER.
NOW THE DYNAMICS DECISION I
AGREE HAS BEEN --
MISUNDERSTOOD AND MIS
CHARACTERIZED.
THE DYNAMICS DECISION DOES NOT
RESTRICT THE ABILITY OF ANY
INDIVIDUAL TO GO INTO BUSINESS
FOR THEMSELVES IT DOES NOT
AFFECT TRUE INDEPENDENT
CONTRACTORS IT DOES NOT STOP
ANYONE.
FROM STARTING THEIR OWN BUSINESS.
MEASURE THE THE DYNAMICS
DECISION SPEAKS TO A BUSINESS
MODEL WHERE A COMPANY USES AN
ENTIRE GROUP OF INDEPENDENT
CONTRACTORS TO DO THE REGULAR
WORK OF THEIR BUSINESS.
THAT'S WHAT THE COURT IN THE
DECISIONS IT.
TRUE INDEPENDENT CONTRACTORS ARE
FINE A COMPANY RESTING ABOVE A
GROUP OF INDEPENDENT CONTRACTORS
SETTING THEIR RATES TELLING THEM
HOW TO DO THEIR JOB.
AND THAT IS WHAT THE COURT IN
DYNAMAX SAYS IS NOT OKAY THE
THAT KIND OF A COMPANY SHOULD BE
AN EMPLOYER.
NOW I WANT TO GO BACK TO THIS
ISSUE OF FLEXIBILITY THAT SO
MANY PEOPLE HAVE REYES.
FIRST OF ALL THE CALIFORNIA
LABOR CODE HAS MANY PROVISIONS
THAT ALLOW FLEXIBILITY THERE'S
NOTHING A TRADITIONAL EMPLOYMENT
THAT PREVENTS FLEXIBILITY
WORKERS NOW HAVE THE ABILITY TO
ADOPT ALTERNATIVE WORK WEEKS
WEAVING DAILY OVERTIME.
THEY HAVE THE ABILITY TO WAIVE
READ LUNCH PERIODS WHEN THEY
WERE CONSCIOUS OF LESS THAN SIX
HOURS THEY HAVE THE ABILITY TO
DO MAKE UP TIME LEAVE EARLY ONE
DAY WORK LATE THE NEXT SO THEY
CAN PICK UP THEIR CHILD FROM
SCHOOL.
THERE IS FLEXIBILITY IN THE LAW
I'M FOR EMPLOYEES BUT I WANT TO
TALK ABOUT SOME OTHER KINDS OF
FLEXIBILITY THAT WE HAVEN'T
TALKED ABOUT YET HERE.
IF YOU GET INJURED ON THE JOB AS
AN EMPLOYEE YOU ARE ENTITLED TO
LIGHT DUTY.
IF YOU HAVE A SICK CHILD AS AN
EMPLOYEE YOU ARE ENTITLED TO
TAKE THAT DAY OFF AND STAY HOME
WITH YOUR CHILD.
IF YOU HAVE AN ILLNESS OR
DISABILITY YOU ARE ENTITLED TO
REASONABLE ACCOMMODATION.
THOSE ARE ALL FLEXIBILITY THAT
ONLY EXISTS FOR EMPLOYEES.
I THOUGHT ABOUT MY OWN LIFE
HAVING BEEN AN EMPLOYEE NOW AT
THE CALIFORNIA LABOR FEDERATION
FOR ABOUT FIFTEEN YEARS.
IN THAT TIME I'VE HAD TWO
CHILDREN I WAS FORTUNATE TO HAVE
THE FLEXIBILITY TO HAVE
MATERNITY LEAVE TO HAVE
DISABILITY LEAVE. TO BE ABLE TO
TAKE THAT TIME OFF WITH MY KIDS.
WHEN MY DAD GOT CANCER I WAS
ABLE TO TAKE FAMILY MEDICAL
LEAVE TO SPEND THE LAST MONTHS
OF HIS LIFE WITH HIM?
THAT'S BECAUSE AS AN EMPLOYEE I
HAVE THAT FLEXIBILITY NONE OF
THAT IS AVAILABLE TO INDEPENDENT
CONTRACTORS THAT'S WHY THIS
ISSUE MATTER SO MUCH THIS IS
ABOUT PEOPLE'S LIVES.
THIS IS ABOUT YOUR ABILITY TO
TAKE CARE TO DO THE THINGS WE
ALL BELIEVE WORKERS SHOULD HAVE
THE RIGHT TO DO.
THIS LEGISLATURE HAS PASSED
HUNDREDS OF LAWS WHETHER IT'S
PROTECTING IMMIGRANT WORKERS
FROM RETALIATION WHETHER IT'S
ENSURING EVERY EMPLOYER PROVIDES
PAID SICK DAYS OFF WHETHER IT'S
PROTECTING WORKERS.
FROM ALL KINDS OF DISCRIMINATION.
ALL OF THOSE RIGHTS ARE DENIED
ONCE WORKERS MISCLASSIFIED.
LASTLY I WOULD SAY THE REASON
THAT PROTECTING THIS DECISION IS
A TOP PRIORITY FOR THE
CALIFORNIA LABOR MOVEMENT.
IS BECAUSE IT IS NOT ONLY ABOUT
THE INDIVIDUAL LIVES OF MILLIONS
OF WORKERS IT IS ABOUT WHAT KIND
OF ECONOMY WE ARE GOING TO HAVE
IN CALIFORNIA WE HAVE THE
GREATEST LEVELS OF INCOME
INEQUALITY.
EVER SEEN A CONCENTRATION OF
WEALTH AT THE TOP DYNAMICS IS
ABOUT REBUILDING THE MIDDLE
CLASS EXTENDING RIGHTS TO
MILLIONS OF WORKERS AND RAISING
WAGES THANK YOU.
THANK YOU VERY MUCH OF A MISS
VEGA -- NEXT
OF HIS IDEAS WITH THE BUILDING
TRADES DOCUMENTS CHAIR MEMBERS --
CONSTRUCTION UNIONS ORGANIZED IN
THE EIGHTEEN HUNDREDS TO PROTECT
CONSTRUCTION WORKERS FROM
HAZARDOUS AN ABUSE OF WORKING
CONDITIONS.
A TYPICAL EMPLOYEE WORKS AND
MULTIPOINT FOR MULTIPLE
EMPLOYERS AND I MULTI EMPLOYER
SETTING AND TRAVELS FROM JOB
SITE TO JOB SITE.
THESE FACTORS MAKE NONUNION
CONSTRUCTION WORK AS AN EASY
TARGET FOR LABOR CODE VIOLATIONS
UNSAFE WORKING CONDITIONS AND
MISS CLASSIFICATION.
WE BELIEVE THE DYNAMICS RULING
PROTECTS CONSTRUCTION WORKERS
LAW ABIDING.
EMPLOYERS INCLUDING
SUBCONTRACTING AN CONSUMERS
WHICH INCLUDES PUBLIC ENTITIES.
THE GOVERNMENT FUNDS.
INFRASTRUCTURE BECAUSE THIS
PURPOSE IS TO SUPPORT PROJECTS
WITH THE WHITE SOCIAL BENEFIT.
INFRASTRUCTURE INVESTMENT IS A
CRITICAL TOOL TO INCREASE
ECONOMIC GROWTH RAISE AGES FOR
WORKERS AND IMPROVE THE QUALITY
OF LIFE FOR OUR COMMUNITIES.
WE ARE PROUD OF THE PUBLIC
INVESTMENT IN ROAD CONSTRUCTION
HOUSING WATER PROJECTS IN SCHOOL
FACILITIES.
BUT THE THREAT OF MISS
CLASSIFICATION DIRECTLY
UNDERMINES THE QUALITY OF OUR
INFRASTRUCTURE.
AND COMMUNITY BENEFITS.
IN FACT CALIFORNIA LAW FOR
PUBLIC WORKS PROJECTS
DEMONSTRATE THAT ALL TYPES OF
EMPLOYERS INCLUDING BROKERS CAN
ADJUSTING COMPLY WITH WAGE AND
HOUR LAWS.
IN ORDER TO BE ELIGIBLE TO BID
AND WORK ON A PUBLIC WORKS
PROJECT ALL CONTRACTORS
INCLUDING OWNER OPERATORS AND
ONE PERSON SHOPS MUST REGISTER
WITH THE I. R..
AND PAY AN ANNUAL FEE OF FOUR
HUNDRED DOLLARS.
OWNER OPERATORS AND ONE PERSON
SHOPS MUST ALSO ENSURE
COMPLIANCE WITH THE PREVAILING
WAGE AS WELL AS MAINTAIN IT
SUBMITS CERTIFIED PAYROLL
RECORDS TO THE DR.
REGARDLESS IF THEY HAVE COMMON
LAW EMPLOYEES. TO BE CLEAR ALL
INDIVIDUALS WHO PERFORMED LABOR
ON PUBLIC PROJECTS ARE ENTITLED
TO THE PREVAILING WAGE.
THESE LAWS WERE DESIGNED TO
PROTECT WORKERS PROVIDE THE
STATE WITH PROPER ENFORCEMENT
TOOLS TO ENSURE COMPLIANCE WITH
THE STATE'S PREVAILING WAGE LOSS.
READY MIX COMPANIES AND HAULING
TRUMP COMPANIES INCLUDING
BROKERS MUST ALSO REGISTER AND
COMPLY WITH THESE REQUIREMENTS.
THE STATE RECOGNIZED THE
POTENTIAL THREAT OF LOW ROAD
CONSTRUCTION MODEL SUCH AS MISS
CLASSIFICATION AND ACTED TO
PROTECT THE STRAITS INVESTMENT
MAXIMIZING POTENTIAL FOR
ECONOMIC GROWTH.
THESE LAWS ALSO PROTECT THE
STATE'S APPRENTICESHIP SYSTEM
WHICH CURRENTLY HAS SIXTY FIVE
THOUSAND CONSTRUCTION
APPRENTICES.
ALSO IMPORTANT TO NOTE.
THAT MISTER CLARK MISCLASSIFIED
WORKERS AREN'T ABLE TO ENTER THE
APPRENTICESHIP SYSTEM SINCE
APPRENTICES ARE CONSIDERED
EMPLOYEES IN ORDER TO PROTECT
THEIR INTERESTS.
MS CLASSIFICATION IS A GROWING
PROBLEM.
RECENTLY THE STATE BROUGHT THE
LARGEST WASTE THAT CASE AGAINS
RTV CONSTRUCTION A SUBCONTRACTOR
FOR CHEATING OVER ONE THOUSAND
WORKERS.
ALMOST TWELVE MILLION DOLLARS
AND BRITTEN VIOLATIONS OVER A
PERIOD OF THREE YEARS.
IN ANOTHER CASE INVOLVING THIS
VERY SAME PROJECTS RTV.
ANOTHER THE STATE BROUGHT
ANOTHER CASE TOTALING SIX
MILLION DOLLARS FOR A LAWSUIT.
OVER TWO HUNDRED FORTY NINE
CONSTRUCTION WORKERS WERE ABUSE
ON THAT PROJECT.
THAT BLACK CONTRACTORS CALL CALL
CALGARY.
CALCULUS FOUND TO HAVE
MISCLASSIFIED A HUNDRED AND
SEVENTY FIVE CONSTRUCTION
WORKERS AS INDEPENDENT
CONTRACTORS.
THESE WORKERS WERE THREATENED
WITH TERMINATION OF EMPLOYMENT
IF THEY RESISTED SIGNING
CONTRACT THE FALSELY STATED
THERE INDEPENDENT CONTRACTOR
STATUS.
MANY STUDIES HAVE SHOWN THAT
CONSTRUCTION WORKERS ARE MAYOR
BUT SUBJECT TO WAGE THAT THE
MISS CLASS ONE RECENT STUDY
SHOWED THAT 70% OF WORKERS IN
THE LA RESIDENTIAL CONSTRUCTION
SECTOR.
EXPERIENCE NON PAYMENT OF
OVERTIME AND WAIT STAFF.
TODAY WASTE AFTER.
IN THE CONSTRUCTION INDUSTRY
IMPACTS ONE IN SIX WORKERS.
AS WE STRUGGLE WITH THE HOUSING
CRISIS IT IS IMPORTANT TO SEE A
CLEAR PICTURE.
ABOUT OUR INDUSTRY.
LATINOS DOMINATE THE RESIDENTIAL
SECTOR COMPRISING TWO THIRDS OF
THE WORK FORCE.
YET ONLY MAKE ABOUT SEVENTY
CENTS ON THE DOLLAR AS WHITE
WORKERS WITH THE SAME SKILLS.
AND BECAUSE OF ISSUES SUCH AS
MISS CLASSIFICATION THEY ARE
SIGNIFICANTLY MORE LIKELY TO BE
UNINSURED AND STRUGGLING WITH
HOUSING COSTS.
THE STATE ESTIMATE THE MISS
CLASSIFICATION BECAUSE AND
DOLLARS ANNUALLY.
APPLYING IN ENFORCING THE A. B.
C. TEST WILL IMPROVE THE WORKING
CONDITIONS OF THOSE ARE
CURRENTLY MISCLASSIFIED
SUFFERING FROM WASTE THAT AND
OTHER NEGATIVE IMPACTS OF BEING
DENIED THE PROTECTIONS OF THE
LABOR CODE THANK YOU.
THANK YOU VERY MUCH --
OF NEXT TO DOUG BLOCK THE
TEAMSTERS.
THANK YOU MISTER CHAIRMAN
COMMITTEE MEMBERS I'M PROUD TO
BE REPRESENTING OVER TWO HUNDRED
AND TWENTY FIVE THOUSAND
TEAMSTERS IN CALIFORNIA TODAY.
AND I WANT TO TAKE YOU BACK TO
NINETEEN SIXTY FOUR AND A
MILESTONE IN AMERICAN LABOR
HISTORY.
THAT'S WHEN TEAMSTERS GENERAL
PRESIDENT JIMMY HOFFA SIGNED THE
FIRST NATIONAL MASTER FREIGHT
AGREEMENT.
UNITING OVER FOUR HUNDRED AND
FIFTY THOUSAND TRUCK DRIVERS
UNDER ONE CONTRACT.
THE AGREEMENT PROVIDED LIVING
WAGES BENEFITS ON THE JOB
PROTECTIONS RETIREMENT SECURITY
FOR GENERATIONS OF WORKERS.
AND THAT'S WHAT'S AT STAKE HERE
TODAY.
THE CHOICES WE MAKE HERE WILL
DETERMINE WHETHER FUTURE
GENERATIONS OF WORKERS ENJOY THE
SAME.
HOUGH UNDERSTOOD THAT IS
EMPLOYERS GOT MORE ORGANIZED ON
THE NATIONAL LEVEL THE WORKERS
NEEDED TO ORGANIZE SO THEY COULD
HAVE EQUAL POWER.
SO UNDER RELENTLESS PRESSURE
FROM THE BUSINESS COMMUNITY IN
NINETEEN EIGHTY THE FEDERAL
GOVERNMENT DEREGULATED TRUCKING.
AT THAT TIME THE NATIONAL MASTER
FREIGHT AGREEMENT COVERED
NINETEEN THOUSAND COMPANIES AND
90% OF THE INDUSTRY WAS
UNIONIZED.
IN THE FIRST FIVE YEARS ALMOST
SEVEN THOUSAND COMPANIES WENT
BANKRUPT.
WITHIN TEN YEARS NEARLY FIVE
HUNDRED THOUSAND TEAMSTERS LOST
THEIR JOBS.
TODAY WE ONLY HAVE THREE
COMPANIES AND FORTY FIVE
THOUSAND WORKERS LEFT UNDER
NATIONAL FREIGHT AGREEMENTS.
SO WHAT HAPPENED. TWO WORDS
INDEPENDENT CONTRACTING.
OUT OF THE ASHES OF DEREGULATION
THIS BUSINESS MODEL CAME TO
DOMINATE TRACKING LEADING TO A
REDUCTION IN WORKER POWER WAGES
IN THE DECLINE OF A ONCE MIDDLE
CLASS OCCUPATION.
DEREGULATION HAS BEEN WILDLY
SUCCESSFUL FOR BIG BUSINESS
ALLOWING LARGE COMPANIES TO PAY
MUCH LESS TO MOVE GOODS.
THOSE COST SAVINGS HAVE COME
FROM A RACE TO THE BOTTOM AS
COMPANIES CUT WAGES ALMOST 50%
SINCE DEREGULATION.
NOW DRIVING A TRUCK FOR MOST HAS
BEEN DESCRIBED AS A SWEATSHOP ON
WHEELS DRIVERS WORK SIXTY TO A
HUNDRED HOURS PER WEEK MAKE LESS
THAN MINIMUM WAGE AFTER EXPENSES
HAVE NO WORKERS COMP AND NO
BENEFITS.
SHIFTED THE COST OF BUYING
OPERATING AND MAINTAINING TRUCKS
ON TO THE BACKS OF THOSE LEAST
EQUIPPED TO DO IT.
AND THIS COMPROMISES OUR ABILITY
TO MEET OUR CLIMATE GOALS IS
DRIVERS CAN NOT AFFORD TO BUY
CLEAN TRUCKS.
COURSE THEY HAVE LITTLE RECOURSE
TO DO ANYTHING UNDER LIES
INDEPENDENT CONTRACTORS BECAUSE
THEY CANNOT ORGANIZE A UNION.
I'M PROUD TO SAY THAT CALIFORNIA
HAS DONE MORE TO ADDRESS MISS
CLASSIFICATION IN TRUCKING THAN
ANY STATE.
AND SINCE TWENTY ELEVEN PORT
TRUCK DRIVERS HAVE FILED AT
LEAST A THOUSAND CLAIMS WITH THE
LABOR COMMISSIONER.
ALMOST HALF OF THOSE OF LEAD THE
DETERMINATIONS THE DRIVERS WERE
IN FACT EMPLOYEES.
AND THEREFORE OWED OVER FIFTY
MILLION DOLLARS IN STOLEN WAGES
AND PENALTIES.
THE DYNAMICS RULINGS AGAINST A
PACKAGE DELIVERY COMPANY THAT
COMPETES DIRECTLY WITH OUR
LARGEST EMPLOYER UPS.
AT UPS A WORKER WITH A HIGH
SCHOOL EDUCATION EVEN IF THEY
HAVE A CRIMINAL BACKGROUND CAN
MAKE SEVENTY FIVE THOUSAND
DOLLARS A YEAR FULLY PAID FAMILY
HEALTH INSURANCE AND RETIRE WITH
A PENSION.
UPS POSTED A BILLION DOLLAR
PROFIT LAST YEAR SHOWING THAT A
COMPANY CAN MAKE MONEY AND TREAT
THEIR WORKERS RIGHT.
YOU PS ANOTHER GOOD EMPLOYERS
SHOULD NOT BE UNDERMINED BY THE
CHOICES THIS BODY MAKES.
MISS CLASSIFICATION IS AN
ATTEMPT TO WEAKEN THE BARGAINING
POWER OF WORKERS.
UNCHECKED WILL CONTRIBUTE TO
EVER WIDENING INCOME INEQUALITY
AND INCREASED CORPORATE POWER.
THEREFORE WE URGE YOU TO PROTECT
AND EXPAND THIS DYNAMICS RULING.
AND IN DOING SO TO HELP PROTECT
AND REBUILD THE STATE'S MIDDLE
CLASS THANK YOU.
ALL GOOD REALLY GOOD ON TIME.
THEY'RE PHONE --
CUT IT AND AND FINALLY --
DAVE WHERE THE SEIU UNITED
SERVICE WERE CHRISTMAS.
MORNING I'M SURE.
I PROBABLY REPRESENT FIFTY
THOUSAND WORKERS IN THE PRIVATE
AND PRIVATE SECTOR AND IN
SERVICE INDUSTRY AS GENDER
SECURITY OFFICERS IN PASSENGER
SERVICE WORKERS.
WATER PORTS IN CALIFORNIA.
EVERY WORKER DESERVES BASIC
ECONOMIC SECURITY INCLUDING
PROTECTIONS LIKE MINIMUM WAGE
UNEMPLOYMENT INSURANCE A
WORKPLACE FREE OF DISCRIMINATION
HARASSMENT.
AND COMPENSATION IF AN INTEGER
IN INJURY ON THE JOB THE KERRS.
HOWEVER MORE AND MORE COMPANIES
AS YOU HAVE HEARD ARE CUTTING
CORNERS ON COST BUT YOU CAN THE
WORKERS.
LIKE DRIVERS JANITORS
CONSTRUCTION WORKERS HELP
TECHNICIANS OUT OF THESE BASIC
PROTECTIONS INCREASE THE BOTTOM
LINE AT THE CASA WORKERS AN
UNFAIR BUSINESS COMPETITION.
WHEN WORKING PEOPLE ARE TRAPPED
IN INDEPENDENT CONTRACTOR STATUS
INSTEAD OF RECOGNIZE EMPLOYEES
THEY HAVE NO ABILITY FOR WORK
RECOURSE TO STAND UP AND DEFEND
DEFEND THEMSELVES AND THEIR
COWORKERS?
WHEN WAGES ARE STOLEN FROM THEM
OR WORKERS GET HURT ON THE JOB?
MISS CLASSIFICATION OF WORKERS
IT INDEPENDENT CONTRACTOR FOR
THE TILT THE BALANCE OF POWER TO
EMPLOYERS AND AWAY FROM WORKERS.
GENERAL COMPANIES FRICKLEY
MISCLASSIFIED EMPLOYEES
INDEPENDENT CONTRACTORS WHO THEY
CAN AVOID BASIC MINIMUM
STANDARDS ON WAGES AND SOCIAL
SAFETY NET PAYMENTS.
NOT ONLY DOES THIS HARM THE
MISCLASSIFIED WORKERS IT CREATES
A DOWNWARD PRESSURE ON THE
GENERAL INDUSTRY AS A WHOLE
WE WORK WITH MANY EMPLOYERS ARE
RESPONSIBLE IN THEIR BEHAVIOR AS
EMPLOYERS TO THE EMPLOYEES.
THE PAY HOURLY WAGES WORKERS
COMP AND ADDITIONAL BENEFITS AND
ENSURE THAT WORKERS ARE TREATED
WITH THE DIGNITY DIGNITY AND
RESPECT THEY DESERVE.
BUT THE SAD TRUTH IS THAT THIS
THAT THESE SECTORS OF THE
JANITORIAL INDUSTRY WHERE THEY
ARE NOT PROTECTED BY THE UNION.
IN THOSE AREAS OF CALIFORNIA
THEY HAVE HAD TO COMPETE FOR
BUSINESS WITH GENERAL COMPANIES
THAT CAN PROVIDE SERVICES FOR
FAR LESS BY MISCLASSIFIED IN THE
WORKERS.
AND IN THE END XCELERATED THE
RACE TO THE BOTTOM.
MISS CLASSIFICATION IS RAMPANT
IN THE GENERAL INDUSTRY
COMPANIES ARE CLEANING OR
CHEATING WORKERS OUT OF THEIR
BASIC WORKS WORKPLACE
PROTECTIONS.
THE PRACTICE VARIES FROM
COMPANIES THAT PROVIDE GENDERS
WITH LEGALLY COMPLEX CONTRACTOR
GRANT CONTRACT CONTRACTOR
AGREEMENTS TO COMPANIES THAT
HIRE JAGGER WITHOUT EVER
DISCUSSION THE CLASSIFICATION.
BUT AT THE END OF THE YEAR
PROVIDE THE WORK WITH THE TEN
NINETY NINE MOST OFTEN GENDERS
ARE NOT GIVEN THE OPPORTUNITY
NEGOTIATE INDEPENDENT CONTRACTOR
AGREEMENT.
THEY ARE TOLD THAT IF THEY WANT
TO WORK FOR THE COMPANY THEY
HAVE TO BE AN INDEPENDENT
CONTRACTOR.
THEY ARE MADE TO SIGN AGREEMENT
IN ENGLISH WITH COMPLEX LEGAL
JARGON THAT ESSENTIALLY GIVE THE
COMPANY SUBSTANTIAL CONTROL OVER
THE WORKING CONDITIONS.
BECAUSE MOST OF THESE MOST OF
THEM.
BECAUSE MOST OF THEM.
MOST OF THEM MOST OFTEN ARE
IMMIGRANTS SPANISH SPEAKING
WOMEN EXPLOITED BY THE CAUGHT
BECAUSE OF THEIR STATUS THEIR
GENDER AND LANGUAGE.
IN ALL HONESTY THE CONDUCT OF
MANY OF THESE COMPANIES IS
CRIMINAL BECAUSE HE KNOWINGLY
EXPLOIT THOSE WHO ARE LESS
LIKELY TO DEFEND THEMSELVES. FOR
EXAMPLE IT WORK IN LOS ANGELES
COUNTY WORK CLEANING A JAM AND
WAS CLASSIFIED AS AN EMPLOYEE.
THE COMPANY LOST THE CONTRACTOR
WHEN YOU COMPANY TOOK OVER THE
CONTRACT SHE WAS TOLD THAT SHE
WOULD BE PAID WITH THE TEN
NINETY NINE SHE QUESTION WHY
SHOULD BE PAID WITH THE TEN
NINETY NINE IF FOR WORK DID NOT
CHANGE.
CHOOSE DOING USED TO BE PAID
WITH THE TEN NINETY NINE AND SHE
WAS TERMINATED.
RIGHT HERE IN SACRAMENTO WE'RE
DEALING WITH THE SITUATION WERE
JENNER'S WERE WORKING FOR A LAW
ABIDING UNIONIZED GENTLE COMPANY
LOS WORK TO ANOTHER COMPANY.
THE NEW COMPANY WAS ABLE TO
CLEAN FOR FAR LESS BY MISS
CLASSIFYING THE WORKERS.
MISS CLASSIFICATION IS NOT ONLY
IMPACT WORKERS IT'S ALSO A LOSS
TO THE STATE IN THE REVENUE IN
REVENUE FROM PAYROLL TAXES
INSURANCE PREMIUMS.
AND UNINSURED WORK ACCIDENTS AND
WAGE THEFT FOR LAW ABIDING
EMPLOYERS MISS CLASSIFICATION
CAN GIVE THEIR UNSCRUPULOUS
COMPETITOR UPWARDS TO A 40%
ADVANTAGE.
THIS IS A DANGEROUS RACE TO THE
BOTTOM WHERE'S BURKE IS NOT ONLY
LOSE OUT ON BASIC RESPECT
WORKPLACE PROTECTIONS BUT NOW
THEY'RE ALSO --
BUSINESSES THEY NEVER INITIATED
OR CONTROLLED.
IT'S A LEGAL FICTION THAT THEY
ARE CONTRACTORS IF YOU LOOK.
AT THE WORKING CONDITIONS.
DYNAMICS PROVIDES CLARITY AND
SIMPLICITY THE ISSUE OF WHO IS
AN INDEPENDENT CONTRACTOR.
THE PROTEST WAS CONFUSING IT
REQUIRED A BALANCE OF SEVERAL
FACTORS THAT OFTEN LEAD TO
INCONSISTENT RESULTS OF WHO WAS
AN INDEPENDENT CONTRACTOR.
AT THE END OF IT ALL.
YOU LOST ME AT THE OTHER WHAT
EVERY AT THE END OF IT ALL
EVERYONE LOSES TO WORKERS I'M IS
CLASSIFIED LAW ABIDING COMPANIES
ARE UNABLE TO COMPETE.
WORKERS ARE CHEATED OUT OF THEIR
WAGES THAT WORK THAT THEY WORK
FOR AND REVENUES LOST BY THE
STATE THAT GOES FOR THE SOCIAL
PROGRAM FOR OUR RESIDENTS.
IF I HAD THE ABILITY TO ROLL
BACK THE CLOCK.
THEN MAYBE WE WOULD NOT HAVE
HAVE TO SPEND THE LAST THIRTY
PLUS YEARS TRYING TO REBUILD AN
INDUSTRY FOR WORKERS A LOST
EVERYTHING BECAUSE THE
INTRODUCTION OF SUBCONTRACTING A
MASS SCALE THE NINETEEN EIGHTIES.
TODAY THE SINGLE GREATEST THREAT
TO WORKING PEOPLE'S ABUSE OF
INDEPENDENT CONTRACTING.
THIS NOT WAIT ANOTHER ANOTHER
FORTY YEARS RESTORE WHAT WORKERS
ARE LOSING NOW IN REAL TIME.
IN CLOSING WITH AB.
FIVE CALIFORNIA BECAUSE OF A
CLEAR CHOICE IN FRONT OF THEM
YOU COULD DECIDE TO LISTEN TO
UNSCRUPULOUS EMPLOYERS.
AND CORPORATE GIANTS THE PROFIT
OF THE INDEPENDENT CONTRACTOR
SCREAM OR WE CAN LISTEN TO
WORKERS EXPERIENCES DIRECTLY AND
GIVE THEM THE RESPECT.
THERE BURKE DESERVES THE WAGES
THEIR LEGALLY ENTITLED TO AND
THE BENEFITS AND RIGHTS THEY ARE
DUE THANK YOU THANK YOU ALL VERY
MUCH -- AND
JUST CLARIFY WE'RE NOT
DISCUSSING AT THIS HEARING ANY
PARTICULAR BILL BUT I DO HAVE A
A QUESTION ANY OF YOU CAN ANSWER
THIS.
SO IS A COMMON PRACTICE THAT
WORKERS SUBJECT TO MISS
CLASSIFICATION ALL SET TO SIGN
ARBITRATION AGREEMENTS AND AND
HOW DOES THAT.
AFFECT YOUR ABILITY TO BRING A
MISS CLASSIFICATIONS IT.
THANK YOU FOR THAT QUESTION I
WOULD SAY THAT AT THIS POINT WE
KNOW 70% OF CALIFORNIA
WORKPLACES REQUIRE WORKERS TO
SIGN ARBITRATION AGREEMENTS UPON
HIRE.
UNDIES ARBITRATION AGREEMENTS
ARE PARTICULARLY COMMON.
IN TWO AREAS ONE IS LOW WAGE
WORK PARTICULARLY RESTAURANTS.
AND FAST FOOD.
RESTAURANTS IN PARTICULAR I'M IN
FACT OFTEN REQUIRE IT IN THE
APPLICATION TO WORK THERE IN
ADDITION --
MANY COMPANIES IN THE GIG
ECONOMY REQUIRE WORKERS TO SIGN
ARBITRATION AGREEMENTS RIGHT
WHEN THEY SIGN UP THAT MEANS ANY --
CLAIM THAT A WORKER WANTS TO
BRING OVER HAVING BEEN
MISCLASSIFIED ONLY GOES TO THE
EMPLOYERS.
PRIVATE ARBITRATOR ANKIT THEY
CANNOT GO EITHER TO COURT OR TO
THE LABOR COMMISSIONER TO HAVE
THEIR CLAIM RESOLVED.
AND MS REGARDLESS OF YOUR
ORGANIZATION REPRESENTS.
UNIONS ACROSS IN A NUMBER
DIFFERENT SECTORS AND CAL BY
THESE UNIONS HAVE COLLECTIVE
BARGAINING AGREEMENTS AND THE
BENEFITS AND WAGES ARE FAR
BEYOND YOU KNOW BUT PRAYED TALK
ABOUT HERE IN TERMS A BARE
MINIMUM.
SO WHY YOU KNOW WHY IS THIS CASE
OR THE RAMIFICATIONS OF WHAT
COULD HAPPEN GOING FORWARD
RELEVANT.
DO YOU AND THE MEMBERSHIP YOU
REPRESENT.
THANK YOU.
OFTENTIMES I DO HAVE TO EXPLAIN
TO LEGISLATORS THAT THE VAST
MAJORITY OF THE WORK THAT WE THE
CALIFORNIA LABOR FEDERATION A
DOES HERE IN THE CAPITAL IS NOT
ON BEHALF OF OUR OWN MEMBERS ARE
MEMBERS ARE NOT MISCLASSIFIED
OUR MEMBERS ARE IN UNIONS.
I'M AND PROTECTED BY THEIR
COLLECTIVE BARGAINING AGREEMENTS
BUT WE SPEND MOST OF OUR TIME
ADVOCATING ON BEHALF OF THE NON
UNION WORKERS WHO DO NOT HAVE
ANY OF THOSE KINDS OF
PROTECTIONS.
ABSOLUTELY THERE ARE IMPACTS ON
OUR MEMBERS ARE MEMBERS
EMPLOYERS ARE HARMED WHEN YOU
HAVE THESE A LOW ROAD EMPLOYERS
KIND OF CHEATING A LOT IT TAKE
TO GET CONTRACTS --
BUT MORE MORE BASICALLY WE
BELIEVE EVERY WORKER DESERVES
BASIC RIGHTS WHETHER OR NOT
THERE ARE ANY UNION AND I WOULD
SAY NOT THAT'S NOT ONLY THE CASE.
FOR US AS THE CALIFORNIA LABOR
FEDERATION NATIONWIDE I THINK
THAT THIS IS ONE OF THE MOST
PRESSING ISSUES FOR THE LABOR
MOVEMENT EVERY STATE IN THE
COUNTRY YOU HAVE UNIONS
GRAPPLING WITH.
HOW DO WE REBUILD THE MIDDLE
CLASS HOW DO WE TAKE ON OF THE
GROWTH IN SUBCONTRACTED WORK IN
IN IN THE USE OF INDEPENDENT
CONTRACTORS IN COMPANIES REALLY
TRYING TO SAY?
I DON'T WANT TO HAVE AN
OBLIGATION TO THE PEOPLE WHO DO
THE WORK OF MY COMPANY THAT'S
THE TREND THAT WE'VE SEEN FOR
THE LAST FEW DECADES AND I THINK
AS A LABOR MOVEMENT THAT IS THE
NUMBER ONE MOST IMPORTANT THING
FOR US TO ADDRESS [inaudible]
THANK YOU [inaudible]
ANY.
DECEMBER IS ALSO TO QUESTIONS
ONE JUST A FOLLOW UP AND IT IT'S
TRUE RIGHT THAT IF WITHOUT BEING
EMPLOYEES A WORKER HAS NO RIGHT
TO ORGANIZE AND BILL AND POWER
THEMSELVES HAVE A VOICE ON THE
JOB.
THAT'S RIGHT SO I MEAN I DON'T
WANT PEOPLE TO SUGGEST THAT WE
DON'T WANT MORE UNION MEMBERS WE
ABSOLUTELY DO AND I I THINK
THAT'S BECAUSE WE THOSE OF US
WHO HAVE COME FROM ORGANIZED
LABOR KNOWS.
IF YOU DON'T WANT GOVERNMENT
PLACE THAN HAVE A UNION CONTRACT
BECAUSE THEN YOU WON'T NEED THEM
TO BE -- IF
YOU DON'T WANT LAWSUITS THERE'S
A WHOLE BUNCH OF THINGS THAT
THAT WOULD BE GOOD FOR THE
EMPLOYER BUT I I WANT TO BE VERY
TRANSPARENT.
I I ABSOLUTELY THINK ONE OF THE
REASONS I I IN LIKE DYNAMAX IN
LIKE THREE CLASSIFICATION OF
EMPLOYEES CORRECTLY IS THAT THEY
HAVE THAT FUNDAMENTAL FIRST
AMENDMENT RIGHT TO ORGANIZE --
IN THE WORKPLACE.
WELL IN FACT I DON'T THINK
ANYBODY SAID THAT.
THE EIGHTEEN NINETY SHERMAN ANTI
TRUST ACT WAS ESTABLISHED TO
PREVENT CORPORATE MONOPOLIES.
AND THOSE ARE THE SAME LAWS THAT
ARE USED WHEN IMMIGRANT WORKERS
WHO ARE MISCLASSIFIED AS
INDEPENDENT CONTRACTORS TRY TO
COME TOGETHER. TO DO SOMETHING
TO IMPROVE THEIR ECONOMIC LOT IN
LIFE.
SO IT IS A PERVERSE
INTERPRETATION OF THE LAW IN MY
OPINION.
THANK YOU AND THEN I HAVE ONE
ADDITIONAL QUESTION AND YOU MAY
NOT HAVE THE ANSWER TO FIND IT I
JUST REALIZED AS YOU WERE
SPEAKING --
ALL OF YOU ESPECIALLY IN
CONSTRUCTION AND JANITORIAL DO
WE KNOW OF I GUESS THE THE I
GUESS IT WOULD HAVE TO BE LABOR
COMMISSIONER NUMBERS OF OF FOUND
MISS CLASSIFICATIONS HOW THE
PERCENTAGE OF THOSE THAT IT
HAPPENED BE LATINO WORKERS.
I CAN SAY THE JANITORIAL
INDUSTRY IT'S ALL AT THE NO
WORKERS AND PREDOMINATELY WOMEN
ON BECAUSE THE GENERAL INDUSTRY
IS ABOUT 6265%.
WOMEN EMPLOYED.
AND SO YOU KNOW THE VICTIMS ARE
USUALLY SPANISH SPEAKING
IMMIGRANTS WITH.
STATUS QUESTIONS AND THEN AS FOR
IS THAT CONSTANT CHURN WILL SAY
TO THE RACE TO THE BOTTOM AND
EXPLOITATION AROUND THAT AROUND
THOSE VULNERABILITIES AND EVEN
IN THE TRUCKING INDUSTRY IT'S A
GROWING --
PERCENTAGE OF IT'S WORKERS YOU
GO DOWN TO THE PORTS IT'S THE
UNITED NATIONS DOWN THERE
IMMIGRANTS FROM EVERY COUNTRY IN
THE WORLD. FOR CONSTRUCTION AND
MOST OF OUR PREMISES ARE LATINOS
AND IN RESIDENTIAL CONSTRUCTION
ALSO MOST OF THE CONSTRUCTION
WORKS ON THE THING IS A SMALL.
VICE CHAIR.
FOR WELL GOOD MORNING AND IT'S
IT'S GREAT TO BE HERE CARE
THINGS WERE PUT THIS ON AND
THERE'S BEEN A LOT DISCUSSED
TODAY AND ACTUALLY THROUGH THE
LAST WITNESS FOR FIVE MONTHS ON
THIS --
ISSUE AND EVEN GOING INTO LAST
YEAR AND I THINK WE'RE ACTUALLY
MAKING A TREMENDOUS PROGRESS I
APPLAUD EVERYBODY'S EFFORTS BOTH
LABOR BUSINESS MEETING COMING
TOGETHER. TO TO WORK ON THIS --
ISSUE BECAUSE I DO THINK IT'S
FUNDAMENTAL TO THE ECONOMY OF
CALIFORNIA THAT WE GET THIS
FIXED AND GET IT FIXED PROPERLY
AND SO I'M EXCITED ABOUT THE
WORK THAT'S BEING PUT IN.
I DO -- HAVE
A FEW --
CONCERNS --
WITH THIS AND HAS.
MORE DO WITH THE SMALL GUY.
MORE TO DO WITH IT THE THE
INDIVIDUALS --
FROM MY COMMUNITY.
A LOT OF THE GROUPS WE TALK
ABOUT WHETHER IT'S RICK REAL
ESTATE AGENTS OR INSURANCE OR ER
DOCTORS THEY HAVE THE ABILITY TO
TO WORK ON THIS TO FIX IT. TO
PROTECT THEIR INDUSTRIES AS I
THINK THEY SHOULD AND I'M
EXCITED ABOUT THAT.
BUT IT WHAT DO WE DO WITH THE
THE SMALL INDIVIDUALS --
THE GYM OWNERS THE PLOT IS
STUDIOS THAT GROUP OF PEOPLE
WHICH I KNOW WE'VE TALKED A
LITTLE BIT ABOUT.
BUT I AM CONCERNED THAT THAT
WILL WE FORGET ABOUT THEM.
WE FORGET ABOUT THEM IN THE
SENSE THAT ALL OF A SUDDEN THEY
GET SUCKED INTO A DECISION --
THAT'S WE CODIFY HERE THE
LEGISLATURE BUT THEY DON'T KNOW
HOW TO CONTINUE TO GROW AND THEN
THEY GET STUCK WITH US.
AND SO I GUESS --
IS THERE A WAY THAT IF SOMEBODY
TRULY WANTED TO BE AN
INDEPENDENT CONTRACTOR WHETHER
IT'S A A PERSONAL TRAINER AT THE
GYM YOU KNOW THAT'S RENTING
SPACE AND THEN YOU KNOW THEY
CONTROL OUR OWN HOURS AND ALL OF
THOSE THINGS.
IS VERY.
THAT A SYSTEM A WAY THAT IS
ACCEPTABLE TO THE TO THE LABOR
MOVEMENT IF THEY TRULY WANT TO
BE INDEPENDENT CONTRACT AND I
HEARD YOU KNOW LANGUAGE BARRIERS
WITH AND CONTRACTS AND SHE'S
BACK THAT'S UNACCEPTABLE WE WE
NEED TO FIX THAT.
SO I MEAN SERVICE THE ET DE THAT
WOULD BE THE ADMINISTRATOR OF
THIS I JUST WOULD LIKE YOUR
THOUGHTS ON IS THERE A PATHWAY
FORWARD FOR THE SMALL GUYS THAT
TRULY WANT TO BE INDEPENDENT AND
ARE EDUCATED ON WHAT EXACTLY
THAT MEANS.
THANK YOU FOR THE QUESTION
MISTER FLORA --
I'VE WORKED ON THIS ISSUE OF
MISS CLASSIFICATION EVERY YEAR
IN ALL THE YEARS THAT I'VE BEEN
HERE AT THE LABOR FEDERATION AND
SO -- A FEW
YEARS AGO I GOT A CALL FROM A
WOMAN NAMED PAT WHO TOLD ME THAT
SHE OWNED A SMALL PACKAGE
DELIVERY COMPANY IN LOS ANGELES.
AND SHE STARTED TALKING TO ME
ABOUT THE COMPETITION THAT SHE
FACED FROM A LOT OF THE BIG
CORPORATIONS THAT MISCLASSIFIED
AND SHE WOULD SAY TO ME I TRY TO
DO RIGHT BY MY EMPLOYEES I'M A
SMALL EMPLOYER.
I TREAT THEM WELL WE'RE A FAMILY
I TAKE CARE AND LOOK OUT FOR
THEM AND YET I LOSE CONTRACTS TO
THESE GUYS WHO ARE CHEATING AND
BREAKING THE RULES AND SHE WOULD
SHE WOULD CHECK IN ON ME EVERY
COUPLE MONTHS FOR MANY YEARS I
DON'T KNOW WHAT HAPPENED TARA.
STOPPED HEARING FROM HER SHE'S
TO CALL ALL THE TIME AND SAY
WHAT ARE YOU DOING ON THIS WHY
AREN'T YOU YOU KNOW DOING MORE
GET US MORE FUNDING GET US I'M
STRONGER LAWS.
I REALLY BELIEVE FAIR
COMPETITION IS THE KEY FOR SMALL
EMPLOYERS YOU HAVE TO HAVE CLEAR
RULES THAT CAN BE EASILY
ENFORCED OTHERWISE THE BIG
COMPANIES ARE ALWAYS GONNA
FIGURE OUT THEY'RE GONNA HAVE HR
PROFESSIONALS AND LAWYERS AND
EVERYTHING ELSE.
AND THEY'RE GOING TO FIGURE OUT
HOW TO EXPLOIT THE LOOPHOLES AND
THE LITTLE GUYS ARE GONNA GET
SCREWED AND THEY'RE GOING TO BE
THE ONES THAT LOSE CONTRACTS AND
LOSE OPPORTUNITIES.
SO I WOULD START WITH SAYING I
CAN -- IS IS
INCREDIBLY BENEFICIAL TO SMALL
EMPLOYERS.
I'M HAPPY TO TALK MORE ABOUT
SOME OF THE THE CONVERSATIONS I
THINK MAYBE OUTSIDE THE HEARING
ABOUT KIND OF YOUR SPECIFIC
QUESTION BECAUSE I THINK.
THE HEARINGS COMBINED TO THIS
COOPER DYNAMAX RATHER THAN
ONGOING DISCUSSIONS KNOWN THAT'S
BEEN APPRECIATE THAT BECAUSE IT.
WHEN WE GO TO OUR CHAMBERS AND
WE TALK AND AND IT'S PRIMARILY
BECAUSE I AGREE WITH YOU --
LARGE CORPORATIONS WE CAN FIGURE
THIS OUT RIGHT I MEAN THEY
THEY'VE GOT.
LEGIONS OF PEOPLE TOO TOUGH TO
WORK ON THIS.
IT IS THAT SMALL GROUP THE
CHAMBER MEMBERS THAT I AM
ACTUALLY VERY VERY CONCERNED
ABOUT AND SO LET'S CONTINUE TO
HAVE THOSE CONVERSATIONS AND AND
APPRECIATE THAT THANK YOU.
I THINK YOU.
KNOW THE MEMBERS.
OKAY WELL THANK YOU ALL SO MUCH
REALLY APPRECIATE IT --
AND IN ALL OF AS WAS INDICATED
BY NUMBER OF US UP HERE THESE
ARE ONGOING CONVERSATIONS I
THINK PRETTY MUCH EVERY PANELIST.
HAS INDICATED THAT AS WELL AND
SO -- WE
APPRECIATE THE EXPERTISE AND THE
PERSPECTIVE OF FROM THAT THE
EMPLOYEES SIDE THANK YOU ALL FOR
HIM SURE.
NOW THERE --
THE NEXT PORTION IS PUBLIC
COMMENT --
THERE ARE QUITE A FEW PEOPLE WHO
COULD BE OUTSIDE THIS ROOM.
THAT WOULD LIKE TO MAKE PUBLIC
COMMENT AND MENTION HAVE A VERY
HARD STOP --
BECAUSE WE HAVE TO GO TO OUR
REGULARLY SCHEDULED A CAUCUS
LUNCHEON AND LUNCHES AND SUCH --
MEETINGS --
AND SO WHAT I'M GONNA DO IS I'M
GONNA ASK EACH PERSON I HOPE
PEOPLE OUTSIDE HEARING AS WELL --
EACH PERSON WILL HAVE THIRTY
SECONDS TO IDENTIFY WHO THEY ARE
AND AND GIVE --
THEIR PERSPECTIVE AGAIN THIS IS
NOT THE FIRST OR LAST TIME YOU
HAD THE OPPORTUNITY TO BE HEARD.
BUT I THINK THAT IDENTIFYING
YOURSELF WHO YOU'RE WITH IF YOU
ARE WITH THE PARTICULAR
ORGANIZATION IF YOU'RE NOT.
JUST IDENTIFY YOURSELF AND IF
YOU WANT TO EXPRESS A PERSONAL
PARTICULAR POINT OF PERSPECTIVE.
CERTAINLY FEEL FREE TO DO THAT
IF YOU HAVE A PARTICULAR
QUESTION THAT YOU WANT US.
TO TRY TO ENGAGE WITH IN THE IN
THE DAYS AND WEEKS AHEAD
CERTAINLY ASK THAT QUESTION BUT
I APOLOGIZE BECAUSE I WANT TO
MAKE SURE THAT EVERYONE HAS A
CHANCE TO BE HEARD.
THAT WE'LL JUST HAVE THESE
THIRTY SECOND KIND OF LIKE --
BY A GENEROUS ME TO WHERE YOU
CAN [inaudible]
AND SIR --
TO ON ON YOUR THOUGHTS SO --
BOBBY -- Là
HAD.
OUR RUNNERS MARCOS OVER AND I
HAVE MY BROTHER HERE CHRISTOPHER
SO BUT WAS WITH US OF A SON'S
TRANSPORT.
AND TO TALK ON THE SUBJECT REAL
QUICK --
MISTER FLORA AND AS TO WHAT
HAPPENS TO THE SMALL INDIVIDUAL
WE ARE A SMALL TRUCKING COMPANY
INDEPENDENT CONTRACTORS --
WE LISTEN TO THREE PANELS
EARLIER TODAY AND I THINK THE
MOST IMPORTANT THING WE NEED TO
GO AHEAD AND TAKE AWAY FROM THIS
IS HOW IT'S AFFECTING US
DIRECTLY AND HOW AIDS --
EIGHT PLAYS INTO OUR DAY TO DAY
WE HEARD FROM --
THE FIRST PANEL THAT 30% OF
WORKERS ARE MISCLASSIFIED
HOWEVER OF THOSE 30% HOW MANY
WERE ACTUALLY SPOKEN --
TO IN ORDER TO FIGURE OUT
WHETHER OR NOT THEY WANTED TO GO
AHEAD AND GO FORTH WITH BEING
THIS CLASSIFIED OR ACTUALLY BE
AN INDEPENDENT CONTRACTOR.
WE BOTH WENT TO SCHOOL WE BOTH
FINISHED UNIVERSITY IT IS OUR
CHOICE TO BE INDEPENDENT
CONTRACTORS --
AS FAR AS SAFETY ON THE JOB AND
EVERY PROJECT THAT WERE ON YOU
KNOW WE THIS BROTHER TO A WORK
RELATED INJURY.
AND SO FOR US IT IS EXTREMELY
IMPORTANT THE FLEXIBILITY OF
BEING AN INDEPENDENT CONTRACTOR
ALLOWS US TO GO TO ON WHICHEVER
JOB ON LEAVE WHICHEVER JOB WE
WANT TO GO AHEAD AND TAKE.
RIGHT NOW THE BIGGEST THE
PROJECTS THAT WE'VE BEEN SERVING
ON ARE THESE NORTH BAY FOR A
DONE THE FIRES UP NORTH.
RESPONDED TO THE FIRES IN CINEMA
COUNTY RESPONDED TO THE FIRES IN
READING AND WE ARE RIGHT NOW
LIVING IN CHICO HELPING OUT WITH
THE FIRE DEBRIS CLEANUP IN
PARADISE.
OVER FOUR HUNDRED MILES AWAY
FROM OUR HOME WHY BECAUSE THIS
IS SOMETHING THAT IS IMPORTANT
TO US AND THAT NEEDS TO BE.
OUR NEEDS TO BE.
ADDRESS THREE THANK YOU SIR AND
SO I APPRECIATE YOU AND YOUR
BROTHER OVER HERE THANK YOU ART
THANK YOU.
SO I GAVE DOUBLE TIMES ALSO TO
PEOPLE SO THIRTY SECONDS IS
PRESENT.
MANY FOSTER FRANCO.
INDEPENDENT CONTRACTOR I DRIVE A
AN END DUMP --
MY THING IS THAT READING THE
RULINGS.
YOU CAN NEED CAUGHT CODIFY
BECAUSE THESE THINGS ARE VAGUE
AND BASICALLY YOU'RE LUMPING ALL
OF US IN THAT ARE NOT.
NO WORD INDEPENDENT CONTRACTORS
WOULD WE'RE DOING IT FOR A
REASON WE PAY OUR FEES WE DO GO
THROUGH JUMP THROUGH ALL THE
HOOPS THE STATE MAKES US DO
WE'RE STILL HAVING TO BUY NEW
TRUCKS HAVING TO DO THIS THAT
THE STATE STONE HONEST.
AND OTHER SAN WILL GUESS WHAT
ALL THIS MONEY THAT YOU'VE LAID
OUT.
IS WORTHLESS BECAUSE YOU'RE
GOING TO BE.
AN EMPLOYEE NOW.
THANK YOU VERY MUCH SIR
[inaudible]
WELL [inaudible]
HELLO.
I HAVE TO READ THIS I CAN STAY
IN THE TIME SINCE.
I'M SO GOOD MORNING MY NAME IS
NOT A ARE TO BILLION I'M AT THE
PRESIDENT OF CALIFORNIA HR
SERVICES.
IT'S A HUMAN RESOURCES
CONSULTING FIRM BASED OUT OF SAN
DIEGO UNTIL THE DYNAMICS RULING
I EMPLOYED FOURTEEN PART TIME
INDEPENDENT CONTRACTORS ALL
TELECOMMUTERS AND ALL SEASON HR
PROFESSIONALS.
WHO ENJOYED THEIR FLEXIBLE WORK
HOURS AND UNLIMITED INCOME?
SO SOME OF THE WORK TEN TWELVE
HOURS A DAY THE THESE NONE OF
WHICH QUALIFY FOR EXACT RULES IN
CALIFORNIA ALL OF WHICH EARNED
AT LEAST FORTY TO FIFTY FIVE
DOLLARS AN HOUR IF NOT MORE SO
WE'RE NOT WORRIED ABOUT.
MINIMUM WAGE HERE HOWEVER AFTER
THE DECISION I LOS FOUR
CONSULTANTS --
ANSWER VALUABLE CLIENTS RIGHT
AWAY OVER THE WEEKEND JUSTICE
LAST WEEK AND I LOST ANOTHER
CONSULTANT THESE CONSULTANTS ARE
NOW EARNING 45% LESSEN --
TWO DYNAMICS SO OVERNIGHT ALSO
JUST A YOU KNOW INSTEAD OF
GROWING IN TWENTY NINETEEN
BECAUSE OF THIS RULING I NOW
HAVE TO PAY OUT AN ADDITIONAL
TWO HUNDRED AND FIFTY THOUSAND
DOLLARS THIS YEAR AND
UNANTICIPATED.
AN UNINTENTIONAL CONSEQUENCES IN
EXPENSES IS THAT ARE GROWING I
HAVE TO PAY THESE EXPENSIVE
THANK PLEASE CONSIDER THAT THANK
YOU VERY MUCH.
GOOD MORNING --
MY NAME IS MARTY JANNETTY AM THE
GM OF THE SHIRT AGGREGATES
COMPANY WE OPERATE OVER FIFTY
TRUCKS DELIVERING AGGREGATE
THROUGHOUT CENTRAL NORTHERN
CALIFORNIA UNTIL ABOUT ONE OF
OUR INDEPENDENT CONTRACTORS --
MATT HAS A MOTOR CARRIER PERMIT
ISSUED BY THE STATE HE'S WORKED
IN THIS INDUSTRY FOR OVER THIRTY
YEARS HE'S A SINGLE DAD OWNS A
HOME A HARLEY A PICKUP.
HAS PUT HIS THREE DAUGHTERS
THROUGH COLLEGE.
HE'S RECENTLY BOUGHT A NEW TRUCK
AND TRAILER WHICH IS A VALUE
ABOUT A QUARTER MILLION DOLLARS --
THAT'S NOT TOO BAD FOR SOMEBODY
THAT NO PUTS IN A LOW WAGE
CATEGORY --
ALL WHY MAINTAINING HIS
INDEPENDENCE LIVING THE AMERICAN
DREAM OF OWNING HIS OWN BUSINESS
WHICH IS QUICKLY BECOMING A
CALIFORNIA NIGHTMARE BECAUSE OF
OUR HANDS BEING TIED BY DYNAMAX
IN CONTINUING TO SUPPORT HIS
BUSINESS.
THANK YOU VERY MUCH SIR.
GOOD MORNING JOANNE BUT IN COURT
REPRESENTING THE SECURITIES
INDUSTRY AND FINANCIAL MARKETS
ASSOCIATION.
MOST CONCERNED WITH THE THE AND
IT AND THE CONSEQUENCES OF THE
DYNAMICS DECISION.
ON THE INTERNET IMPACT IT'S
GIVING.
ANY CONTRACTOR MODEL HAS AN
OPTION IN OUR INDUSTRY FOR OVER
SEVENTY FIVE YEARS.
JUST LIKE THE INSURANCE INDUSTRY.
THE BROKER DEALERS ANY INFECTION --
HIGHLY EDUCATED.
REGULATED BY THE FCC FAN RIGHT
AND STATE SECURITIES REGULATORS --
THEY WANT TO OWN THEIR OWN
BUSINESS THEY PAY FOR THEIR OWN
STAFF --
INDEPENDENT BROKER DEALERS AND
THEIR AFFILIATED INDEPENDENT
FINANCIAL ADVISERS ARE NOT WHAT
DYNAMAX IS ABOUT --
IF THEY ARE NOT EXCLUDED FROM
THE DECISION THEY WILL FACE
SIGNIFICANT HURDLES OF TRYING TO
SATISFY THE A. B. C. TEST THANK
YOU THANK YOU.
I GOOD MORNING SEAN WAS THE
NATIONAL FEDERATION OF
INDEPENDENT BUSINESS
REPRESENTING ABOUT TWENTY
THOUSAND SMALL INDEPENDENT
BUSINESS OWNERS ACROSS THE STATE
WE'RE FEELING DEEP ANXIETY AND
UNCERTAINTY AS A RESULT OF THE
DYNAMICS A. B. C. TESTS WERE
CURRENTLY FACED WITH.
WHO NOT ONLY UTILIZE INDEPENDENT
CONTRACTORS IN A LOT OF THE
BUSINESS MODELS BUT ALSO MANY OF
OUR MEMBERS WHO ARE SMALL
BUSINESS OWNERS?
AND SELF EMPLOYED AS INDEPENDENT
CONTRACTORS THEMSELVES I CAN
TELL YOU JUST THIS MORNING HAVE
RECEIVED ANOTHER THIRTY MESSAGES
REMEMBERS ACROSS THE STATE WHO
CAN'T BE HERE A LOT OF EXAMPLES
BUT THE UNIFYING POINT IS IT'S
ON WORKABLE CURRENTLY WOULD LIKE
TO SEE.
A FIX FROM THE LEGISLATURE THANK
YOU SIR THANK YOU.
GOOD MORNING I'M NORI JAVA AND
I'M REPRESENTING THE LANGUAGE
SERVICES INDUSTRY AND CONFERENCE
INTERPRETING IN PARTICULAR WE
ARE VERY CONCERNED WE UNDERSTAND
THAT THERE ITS VALUE WITH THE
DYNAMAX DECISION FOR WORKERS.
BUT OUR INDUSTRY IS GOING TO BE
DECIMATED BY THIS BECAUSE WE ARE
AN INDUSTRY THAT PROVIDES
INTERPRETING SERVICES FOR
CONFERENCES AND EVENTS ALL OVER
THE WORLD INCLUDING THE HANOI
SUMMIT GOING ON RIGHT NOW.
THAT INTERPRETER IS AN
INDEPENDENT CONTRACTOR THEY'RE
ONE OF OUR INDEPENDENT
CONTRACTORS AND THE STATE
DEPARTMENT FOR BIDS THEM TO BE
EMPLOYEES FOR CONFLICT OF
INTEREST THREE CENTS.
SO PLEASE PUT IT ON YOUR RADAR
OUR BUSINESS IS FORTY YEARS OLD
WE WANT TO CONTINUE WORKING IN
CALIFORNIA THANK YOU.
THANK YOU.
HI MISTER CHAIR MEMBERS --
I'M JACK FROST AND THE PRESIDENT
OF PRO SMALL BIZ CALIFORNIA.
A REPRESENT A LOT OF THOSE SMALL
BUSINESSES THAT ARE CHAMBER
MEMBERS THAT THE VICE CHAIR
REFERENCED EARLIER.
I'M SURE YOU'RE AWARE THAT WERE
ENJOYING ONE OF THE STRONGEST
ECONOMY.
ECONOMIES IN OUR HISTORY IN OUR
LIFETIME.
AND YET SMALL BUSINESSES ARE
LEAVING THE STATE OF CALIFORNIA
AT THE HIGHEST LEVEL.
EVER RECORDED.
THE DYNAMICS DECISION.
COULD IMPACT OVER TWO MILLION
ADDITIONAL EMPLOYEES IN THE
STATE OF CALIFORNIA THAT COULD
BE IMPACTED BY THIS IT'S NOT
GOING IN A GOOD DIRECTION.
ANOTHER THING I NOTICED THIS
MORNING.
WAS THAT THERE WERE THREE PANELS.
AND ON THE THREE PANELS WE HAD
ABOUT FORTY SIX MINUTES DEVOTED
TO THOSE THAT ARE IN FAVOR OF
THE DYNAMICS DECISION.
NOW ONLY ABOUT SIXTY MINUTES
DEVOTED TO THOSE THAT ARE
AGAINST.
THE DYNAMICS DECISION I DON'T
THINK THIS SEEMS TO ME.
LIKE A FAIR AND BALANCED
APPROACH AND I HOPE IT'S FUTURE.
COMMITTEE MEETINGS WILL BE MORE
BALANCED TO BOTH SIDES OF THE OF
THE VIEWPOINT THANK THANK YOU
VERY MUCH.
MISTER CHAIRMAN WAS CHRISTMAS
KAYLEE ON BEHALF OF CALIFORNIA
AMBULANCE ASSOCIATION CANTIERE
CALIFORNIA FORESTRY ASSOCIATION --
I THINK THAT THE THE LEGISLATIVE
BRANCH SHOULD MAKE A
DETERMINATION WHEN WE HAVE SUCH
A SIGNIFICANT CHANGE IN THE
LABOR AND EMPLOYMENT LAWS.
ARE WHERE YOU CAN CONSIDER ALL
THE FACTORS AND THE BROAD AND
SIGNIFICANT SWEEP OF SUCH A
DECISION RATHER THAN JUST
PARTIES TO THE LITIGATION.
REGARDLESS OF WHETHER YOU AGREE
WITH DYNAMICS HOPE THAT THE
LEGISLATURE DRESSES THE
SIGNIFICANT ISSUE OF
RETROACTIVITY VERSUS PROSPECTIVE
APPLICATION.
OF THIS DECISION AND LASTLY IN
OUR COMPARISON LOOKING AT OTHER
STATES.
I'M NOT AWARE OF A SINGLE OTHER
STATES THAT HAVE THE PRIVATE
ATTORNEY GENERAL LACK PAGA TO
DEAL WITH.
THANK YOU.
GOOD MORNING ERR BLACK ON A MAP
OF THE WESTERN STATES TRUCKING
ASSOCIATION --
WSJ REPRESENTS ABOUT --
THOUSAND COULD A TRUCKING
COMPANIES --
PRIMARILY TO THE CONSTRUCTION
INDUSTRY ABOUT 45% OF THESE ARE
INDEPENDENT CONTRACTOR OWN
ROBBER'S EACH OF WHICH IS
REQUIRED TO HAVE A ITS OWN
INDEPENDENT MOTOR CARRIER
PERMANENT.
AND REQUIRE --
IN PRODUCES ON TRUCK DOING OR TO
GO AND BUSINESS I'M FORTUNATE TO
BE PRONG OF THE A. B. C. TEST
WHICH MAKES SAID --
VIRTUALLY IMPOSSIBLE FOR A TRIP
ONE TRUCKING COMPANY TO CONTRACT
WITH AN OWNER OPERATOR.
THAT'S WHAT YOU SEEN THE EFFECT
IS THAT PEOPLE ARE JUST REFUSING
TO CONTACT WITH THE OWNER
OPERATORS IN GENERAL THAT'S WE
URGE LEGISLATURE --
TO DEVELOP LEGISLATION TO
PROVIDE CLARITY AND NOW PROVIDES
ADEQUATE PROTECTIONS.
FOR WORKERS IN CALIFORNIA THANK
YOU CAN YOU CLARIFY ONE THING
I'M SORRY.
SO YOU'RE TALKING ABOUT
COMPANIES WHO HAVE EMPLOYEE IS
THERE A BALANCE ON THAT LIKE IF
IF YOU AND YOUR COMPANY --
AND I HATE TO GO DOWN THE TERM
JUST KIND OF CURIOUS AS THOUGHT --
LIKE I KNOW WITH CONSTRUCTION
THERE'S LIKE CORPS WORKERS
VERSES THOSE THAT BROUGHT IN IS
THERE A PERCENTAGE YOU HAVE.
IS YOUR YOUR WORKFORCE ONE
PERSON THAT'S ACTUALLY THE OWNER
TO PEOPLE THE GUY THAT DOES THE
BOOKS AND AND THE OWNER THREE
PEOPLE THE WOMAN WHO ANSWERED
THE PHONE THE GUY THAT DOES THE
BOOKS.
AND THEN YOU'RE CONTRACTING OUT
ALL BUT YOU ARE YOU HAVE THIS.
WE ALWAYS HERE MODELS ALL OVER
THE PLACE BUT YEAH I OFTENTIMES
THE MODEL IS YOU HAVE EMPLOYEES
AND WHEN THERE'S AN OVERFLOW
NECESSARY ARGUE THERE'S MORE
WORK NEEDED.
THE CONTRACT OUT WITH ADDITIONAL
OWNER OPERATORS TO CITY THINK --
I'M I'M JUST CURIOUS AS A
POSSIBLE APPROACH TO NOT DESTROY
THIS ENTIRE BUSINESS IS THAT
COMPANIES THAT DIRECTLY HIRE A
CERTAIN AMOUNT OF TRUCKERS
DURING TIMES OF FLUX COULD.
CONTRACT WITH INDIVIDUAL OWNER
OPERATORS --
I WAS CERTAINLY HAPPY TO HAVE
THESE DISCUSSIONS I'M I I'M JUST
KIND OF I'M I'M CURIOUS BECAUSE
I KEEP HEARING THESE WORDS AND
THEY'RE THEY'RE NOT MAKING SENSE
TO ME FROM WHAT I UNDERSTAND THE
ACTUAL BUSINESS MODEL IS SO I'M
JUST TRYING TO GET TO THAT.
WHAT WHAT WHAT?
THE CURRENT BUSINESS MODEL YEAH
I UNDER BE I MEAN REALLY IF IT
HEART CONTRACT WITH AN ARMED
ROBBER [inaudible]
I'M SORRY.
I AM SO FRUSTRATED BY WHAT MY
EXPERIENCE HAS BEEN DEALING OF
COURSE WITH ORGANIZING WORKERS
ARE OUR WORKERS ATTEMPTING TO
ORGANIZE IN THE TRUCKING
INDUSTRY AND WHAT.
COMES HERE IN A SAD SO I WANT TO
UNDERSTAND YOUR TALK ABOUT
COMPANIES THAT HAVE DIRECT
EMPLOYEES WHO DRIVE FOR A LIVING.
YES OKAY INTO THERE MIGHT BEA
PERCENTAGE IN THAT THE THE
GROWTH OR THE FLOCKS AND HAVING
MORE DELIVERIES COULD BE DONE BY
OUTSOURCING THAT WORK. TO
INDIVIDUAL OKAY SS I I WANNA
MAKE SURE THINK THINK THAT THE
DIFFERENT DISCUSSION THANK YOU.
A GOOD MORNING.
MY NAME IS JENNIFER WILLIAMS I'M
A WRITER SLASH.
DELIVERY DRIVER AND I'M JUST
HERE TO SAY THAT --
MOST OF US ON THE GENERAL MAKE
MORE THAN MINIMUM WAGE AND HOUR --
AND I DO THIS AS A SUPPLEMENTAL
INCOME AND BEING AN INDEPENDENT
CONTRACTOR ALLOWS ME. TO WORK
WHEN I WANT TO A PEAK TIME SLOW
TIMES WEEKENDS AFTERNOONS.
AND TO TAKE THAT AWAY FROM US
WOULD HURT A LOT OF US THANK YOU
THANK YOU.
GOOD MORNING MY NAME IS
ELIZABETH.
I CHOSE TO BECOME AN UBER DRIVER.
AND DELIVERY DRIVER.
JUST ABOUT TWO YEARS AGO.
AND THIS WAS FOR ME BECAUSE I
ALREADY HAVE A FORTY HOUR A WEEK
UNION JOBS THAT TELLS ME WHEN TO
COME AND GO.
THIS GIVES THIS HAS GIVEN ME
FINANCIAL FREEDOM [inaudible]
THE BOARD.
I DON'T HAVE TO STRUGGLE FOR
ANYTHING AND THE AND I COME UP
WITH MY OWN HOURS I WORK TWENTY
IF I WANT TO I WORK FIVE IF I
WANT.
TO NOBODY TELLS ME WITH THE
COMING I'LL.
AND AGAIN I CHOSE TO DEAL WITH
EVERYTHING THAT.
THESE APPS HAVE GET HAVE LAID IN
FRONT OF ME I'VE CHOSEN TO
UTILIZE THEM.
IT IS A DECISION FOR US AND I
ALSO CHOOSE TO WORK FORTY HOURS
FOR A UNION COMPANY.
SO WE ALL HAVE CHOICES AND I
UNDERSTAND THAT THESE BIG
COMPANIES COME IN AND THEY'RE
THEY'RE THE BIGGER COMPANIES BUT
WE'RE ALSO BENEFITING FROM THEM
AS WELL.
THANK YOU THANK YOU.
AND I NAME IS DARYL WALTERS
ONION OR BLUE STAR TATTOOS MOST
OF ARTISTS TREES ARE INDEPENDENT
CONTRACTORS BECAUSE LIKE TO BE
ABLE TO COME AND GO WHEN THEY
WANT TO WORK IN OTHER PLACES.
GO TO OTHER COUNTRIES TO DO
OTHER WORK AND COME BACK.
AND NOW WITH THIS PROVISION BE I
HAVE TO PUT HIM AS EMPLOYEES
WHICH HAS PUT A BURDEN ON MY
COMPANY.
BEING IS A SHOP OWNER BECAUSE
NOW THAT THEY TO CONSIDER WHEN
YOU'RE THINKING ABOUT.
THE LITTLE GUY [inaudible]
YOU.
GOOD MORNING MY NAME IS
STEPHANIE PERIOD --
I'M HERE ON BEHALF OF
CONTINENTAL INTERPRETING THE
LANGUAGE SERVICE INDUSTRY AS A
WHOLE WE USE INTERPRETERS AND
TRANSLATORS IN OVER A HUNDRED
LANGUAGES.
THAT TRADITIONALLY HAVE WORKED
AS INDEPENDENT CONTRACTORS IN
THIS IS VITAL TO OUR BUSINESS
AND OUR INDUSTRY.
A LITTLE BIT ABOUT --
INDEPENDENT CONTRACTORS --
THEY SET THEIR OWN SCHEDULES
THEIR OWN RATES THE PROVIDER
SERVICES OUTSIDE OF OUR PLACE OF
BUSINESS.
THEY PROVIDE THEIR SERVICES FOR
COMPANIES IN OUR INDUSTRY AS
WELL AS AND CLIENTS.
WITHOUT CONTROL OR SUPERVISION
THEY HAVE ACHIEVED VARIOUS
LEVELS OF TRAINING
CERTIFICATIONS DEGREES AND
SUBJECT.
US SPECIALIZATIONS.
HAVE A KNOWLEDGE BASED
PROFESSION THEY WANT TO REMAIN
AS INDEPENDENT CONTRACTORS IN
CONTROL OF THEIR OWN SCHEDULE
AND WITH THE ABILITY TO MAXIMIZE
THE INCOME OPPORTUNITIES
AVAILABLE FOR THEIR SPECIFIC
LANGUAGE.
THANK THANK YOU SHIP.
HI MY NAME IS TWO METERS
KENTUCKY IS CONTAGIOUS TRUCKING.
I'M AN OWNER OPERATOR FOR THIRTY
FOUR YEARS [inaudible]
I IT TOOK ME A LONG TIME TO COME
WHERE I AM RIGHT NOW --
THE PAST YEARS --
CALIFORNIA PASS SOME LAWS SAID
GENOCIDE DF.
AFTER SPENT TWO HUNDRED FORTY
THOUSAND DOLLARS TO COMPLY WILL
FOCUS ON REGULATIONS.
LIAISON.
Là ALL WAS TRYING TO PASS
[inaudible]
ERA STRAIGHTENING MINE
LIVELIHOOD MY FAMILY ECONOMY AND
A LOT OF JOBS --
I KNOW SOME COMPANIES THEY DATE.
I'M PURPOSE --
ILLEGAL ACTIONS [inaudible]
HE RAN.
YOU CAN PUNISH THEM DON'T PUNISH
ME WITH ALL THE QUALIFICATIONS
AND PROTECTORS THOUGH PUNCHES
THAT THANK YOU.
I I REALLY STRESS TRY TO KEEP
THE THE THIRTY SECONDS UNDER I
WE HAVE A LOT OF PEOPLE OUTSIDE
AS WELL MY NAME IT'S GOT THEM
AND I'M A OF SUBPOLAR IN THE BAY
AREA IN THE GRAVEL AND DIRT
BUSINESS I I'M SOLD.
PROPRIETOR I OWN MY OWN TRUCK I
DRIVE MY OWN TRUCK.
I WORK FOR ONE CONTRACTOR IN THE
BAY AREA.
I WORK IN THE BAY AREA IN THE IN
THE RESIDENTIAL AREA UP ALL THE
BAY AREA --
HI I HAVE A WIFE THREE DAUGHTERS
AND HOME AND IN REDWOOD CITY
WITH THE BIG MORTGAGE I ALSO
HAVE A MORTGAGE ON A TRUCK THAT
CARP FORCED ME TO BUY A HUNDRED
TWENTY THOUSAND DOLLARS THAT I
PAID TO THE BANK NOW.
I HAVE A RELATIONSHIP WITH THE
WITH ONE BROUGH AND I WORK HOW I
CHOOSE IF THE RATE IS GOOD I'LL
GO TO WORK IF IT'S NOT I WON'T I
WON'T WORK THERE.
I'M AFRAID THAT YOU'RE YOU'RE
LEGISLATURE.
IS TOO COMPLEX FOR TO REPRESENT
ALL OF THE PEOPLE THAT ARE HERE
AND IN THIS ROOM TODAY.
AND I THINK IT'S GONNA AFFECT MY
RELATIONSHIP WITH MY WITH MY
BROKER AND HOW I CAN MAKE A
LIVING IN THE BAY AREA SO THAT'S
WHAT I'M AFRAID THANK YOU.
GOOD MORNING --
LOUISE SUCH A VERY --
I OWN A LINGUIST SERVICE COMPANY
FOR TWENTY SEVEN YEARS.
WE HIRE INDEPENDENT CONTRACTORS
TO DO ALL THE WORK MY EMPLOYEES
ARE ACTUALLY DOING
ADMINISTRATIVE WORK IN THE
OFFICE SCHEDULING CUSTOMER
SUPPORT --
BUILDING XTERRA.
ALL DIMPLE UGH INDEPENDENT
CONTRACTORS THAT DO ARE
INTERPRETING AND TRANSLATION ART
EVERYTHING IS DONE OUTSIDE OF
OUR OFFICE --
I URGE THE COMMITTEE TO PLEASE
TAKE INTO CONSIDERATION MAKING.
AN EXCEPTION. FOR LANGUAGE
SERVICE PROVIDERS THANK YOU.
GOOD MORNING MY NAME IS AND I'M
WILLING TO PAYING AND I WORK FOR
A TRUCKING BROKER AND ALSO HAVE
A SMALL BUSINESS OF MY OWN IN
THE TRUCKING INDUSTRY.
MY CONCERN WITH THE A. B. C.
TEST IS THE B. PRONG WE WHERE
WHERE DO YOU SUGGEST THESE
TRUCKER INDEPENDENT CONTRACTORS
FIND WORK FOR THEMSELVES IF THEY
DON'T GO THROUGH A BUSINESS
DESCRIBED IN THE BE PROBLEM.
THE PROBLEM PUTS ALL OWNER
OPERATORS OUT OF BUSINESS
REGARDLESS OF CIRCUMSTANCE OR
INDUSTRY THESE TRUCKER ON
OPERATORS DO NOT EARN A LOW WAGE
AND MAKE A GOOD LIVING BUT THEY
ARE NOT ESTIMATORS ARE DO NOT
LIKE TO WORK IN THE OFFICE
ATMOSPHERE.
THERE MANY BUSINESS STRUCTURES
THAT YOU CANNOT AVOID WORKING
FOR LIKE BUSINESSES THERE CRIER
COMMERCIAL LICENSE HAVE THEIR
OWN DOT NUMBER AND HAVE THEIR
OWN SEE NUMBER.
AS OWNER OPERATORS ABLE TO EARN
WAGES THAT NEED CERTIFIED PARA
RATES WEIGHT REQUIREMENTS
DETERMINED BY THE D. I. R. AN
ABLE TO WORK ON CERTAIN JOBS
THAT REQUIRE PER CERTAIN
PERCENTAGE OF THE SMALL BUSINESS
PARTICIPATION.
BUT BECAUSE OF THE B. PRONG THEY
ARE STILL NOT ABLE TO RE WRITTEN
THANK YOU.
GOOD MORNING CHAIRMAN MY NAME IS
REALLY I'M OWN OPERATOR I'VE
BEEN WORKING FOR TWELVE YEARS IN
THE TRUCKING BUSINESS INDUSTRY
SIMMONS MY DAD BUT BEFORE THAT I
WAS A SUPERVISOR AT BEST BUY SO
ME PRETTY DECENT MONEY.
BUT I HAVE A YOU KNOW I HAVE A
BACHELOR DEGREE IN I INFORMATION
SYSTEMS ARE YOU TOO MANY JOBS BY
CHOSE THIS JOB BECAUSE I DON'T
WANT DO OF REGULAR LIKE MINIMUM
PAID JOB NO JOB PAYS WAY WELL.
AND REALITY THIS WE ALL.
PUT UP A LOT OF MONEY IN THE CAR
TO A DEL CHUCK BUT WE KNOW THAT
WHEN WE WILL MAKE ENOUGH TO PAY
THAT LATER.
THAT'S A REASON WHY WE DON'T
WANT THIS TO BE CHANGE OR TO
FEDERAL JOBS THANK YOU VERY MUCH.
HI -- MY
NAME YOU T I'M AN OWNER
OPERATOR TRUCK DRIVER I'VE BEEN
WORKING AS AN INDEPENDENT
CONTRACTOR FORTY YEAR.
AND I'M HERE BECAUSE UP THE AND
I MIGHT.
BE USED IN.
THAT AMOUNT WHICH IS AND WE ARE.
ALREADY STOP ME FROM BEING AN
INDEPENDENT CONTRACTOR WHICH I
DON'T.
ONE ARE I WANT TO BE MY OWN BOSS
INVEST A LOT MONEY IN MY BE
CYNICAL I BOUGHT MY TRUCK ABOUT
MIKE TOLD ABOUT MY EQUIPMENT.
AB AYE AYE BELOW THING FOR MY
BUSINESS.
SO NOW THE LITTLE ONE STOP ME
FROM.
BEING A INDEPENDENT CONTRACTOR
YOU CAN YOU HAVE.
TO A CLOSE MY BUSINESS AND
PRIVATE SOMEBODY AND I WILL END
UP.
RULES ALL MY INVESTMENT AND I MY
A SALE ALL MY ASSETS FOURTEEN
FRY THANK YOU.
GOOD MORNING GAIL BLANCHARD
CIGARETTE THE CALIFORNIA
HOSPITAL ASSOCIATION SO
CALIFORNIA HOSPITALS EMPLOYEE
OVER HALF A MILLION EMPLOYEES SO
INDEPENDENT CONTRACTORS ARE NOT
OUR PRIMARY WORK FORCE --
BUT WE DO USE THEM AND TWO VERY
SIGNIFICANT RESPECTS THAT WOULD
UNDER THE A. B. C. TEST VIOLATE
THE THE BE --
PRONG ESTIMATED INDICATED
HOSPITALS ARE PRECLUDED MOST
HOSPITALS PRIVATE HOSPITALS ARE
PRECLUDED FROM EMPLOYING
PHYSICIANS SO WE HAVE TO USE
THEM AS INDEPENDENT CONTRACTORS.
AND THERE'S BEEN SOME SUGGESTION
THAT THOSE ARE NOT THE FOLKS
THAT ARE COVERED BY DYNAMAX OR
THERE'S NO ISSUE UNDER THE
WEIGHT ORDER AND THAT'S NOT TRUE
I RESPECTFULLY DISAGREE WITH THE
LITTLER --
OPINION -- I
HAVE HERE THAT RECEIVED LAST
WEEK IT'S A PAGA NOTICE FOR FROM
A PHYSICIAN WHO IS AN
INDEPENDENT CONTRACTOR SUING --
THEIR MEDICAL GROUP AND THE
HOSPITAL IS A JOINT TO PROBLEM
AND THERE'S OVER FOUR HUNDRED
HOSPITALS IN THE STATE OF
CALIFORNIA SO IF YOU JUST HAVE.
ONE OF THESE TYPES OF LAWSUITS
WE'VE GOT FORWARDED LAWSUITS
LOTS OF RESOURCES THAT ARE BEING --
HAVE MOVED AWAY FROM --
YOU KNOW THINGS THAT ARE MORE
IMPORTANT WITH RESPECT TO
PATIENT CARE THANK YOU AND YOU
CAN FEEL FREE TO SHARE ANY
DOCUMENTATION LIKE.
SARS ON MY WILL TRAVEL TO MAKE
COPIES THANK YOU THANK YOU.
HI GOOD MORNING MY NAME IS TOMMY
CARTER I OWN A SMALL TRUCKING
COMPANY -- I
WORK USUALLY THROUGH ONE BROKER
IT'S HERE IN THE VALLEY AREA.
AND ACCESS STARTED DOING THIS
BIZ BACK IN TWO THOUSAND AND SIX
ABOUT MY FIRST JOB.
AND I WAS PROUD WHEN I GOT MY
TRUCK AND I DROVE FOR WILD AND
YEAH I WAS FEEDING A FAMILY AT
HOME.
NICE CAR EVERYTHING WAS FINE.
LIKE FEW GERMAN BACK SAID.
HE WAS LIVING THE DREAM WELL TWO
THOUSAND AND EIGHT EVERYTHING
FELL OUT OF IT OKAY.
SO THEN EVERYTHING I LOST THE
HOUSE A LOSS THAT.
THE THE WHY THAT THE CARS ALL
THAT BUT I KEPT MY BUSINESS AND
I WAS GLAD THAT I WAS ABLE TO
KEEP MY BUSINESS TO KEEP CLOSE.
SO THEN ABOUT THREE FOUR YEARS
LATER CALIFORNIA CAME AT ME AND
TOLD ME YOU KNOW WHAT YOUR
TRUCKS TO OLD YOU'RE GONNA HAVE
TO PUT A FILTER ON THIS THING.
SO THEN I PUT THE FILTER ON THAT
THING FIFTEEN TWENTY THOUSAND
DOLLARS OKAY THEN I DROVE THE
TRUCK FOR ABOUT THE REPORT.
CAPTAIN IN GOOD SHAPE GOT
INSPECTED ALL NO PROBLEMS WITH
IT.
THEN CALIFORNIA TELLS YOU KNOW
WHAT TE TRUCKS TOO OLD NOW SO
YOU NEED TO GO BUY ANOTHER ONE
SO YOU'RE A COUPLE YEARS AGO I
WENT BOUGHT ANOTHER ONE CASE
SPEND EIGHTY NINETY THOUSAND
DOLLARS ON THE TRUCK.
SO NOW I'M DRIVING THIS TRUCK.
GOT THE BUSINESS GETTING BACK ON
MY FEET EVERYTHING STRONG AND
GUESS WHAT CALIFORNIA'S TELL ME
YOU KNOW WHAT YOU'RE GONNA HAVE
TO SELL YOUR TRUCK YOU HAVE TO
GET IN LINE BEHIND ALL THE OTHER
EMPLOYEES THANK YOU SIR AND AND
FEEL FREE IF IF YOU HAVE MORE
YOUR STORY.
ANYONE ANYONE THAT SPEAKS CAN
SEND US LONG EMAIL THAT ARE YOU
NAME IT WILL MAKE SURE THAT
EVERY MEMBER --
BUT GET YOUR FULL STORY HOMES.
WHERE WE SET?
UP YOU CAN SEND IT CERTAINLY.
TO MAKE [inaudible]
I'M.
OUR BUT WELL [inaudible]
MY EMAILS [inaudible]
OKAY WE'RE THANK YOU WORK. FOR
WHAT I FOR ONE KNOW I WE WE JUST
HAVE SO MANY SPEAKERS I WANNA
MAKE SURE WE GET AN OPPORTUNITY
TO LISTEN TO DO SOME CELLS BUT I
DO ALSO MAKE IT VERY CLEAR THAT.
IF YOU'RE CUT OFF AT THIRTY
SECONDS THAT THAT DOESN'T MEAN
THAT YOU CAN'T GET YOUR WHOLE
STORY TO US.
ARE YOU CAN WRITE A TWO PAGE
EMAIL BUT WE'LL MAKE SURE WE GET
A AND AN EMAIL ADDRESS YOU --
BUT YOU CAN CENTERS ALL
LEGISLATORS THEIR EMAIL ARE THE
FIRST NAME DOT THEIR LAST NAME
AT ASM DOT CA DOT GOP.
AND I READ MY EMAIL SO I PLEASE
AT I MEAN THAT YOU'LL AT IF YOU
DON'T GET THE LEGISLATOR YOU'LL
GET THE STAFF SO THAT.
SO THANK YOU AND THEN --
BECAUSE SHE'S MISTER IN THE RED
AGAIN SALAS IT'S ALL VERY PUBLIC
AWARE WHERE THE MOST PUBLIC
PEOPLE OR THE EASIEST PEOPLE TO
FIND.
YET BUT MEGAN YEAH SO IS THE
MEGAN DOT LANE IS NOT
OPPORTUNITY BECAUSE AS A
CONSULTANT OF THE OF THE
COMMITTEE.
SO OKAY LET BY THE SIR --
MY NAME IS LEE GRAY I'M KNOWN
ARE LEGION COMPANY INK I'M A
TRUCKING COMPANY.
AND LIKE IN THE WORDS OF DR
MARTIN LUTHER KING I HAD A DREAM
AND STILL HAVE A DREAM.
I'VE BEEN DREAMING SINCE.
NINETEEN EIGHTY AND I'VE BEEN
LIVING THE DREAM BUT NOW I WAKE
UP TO THE NIGHTMARE OF DYNAMICS
WHICH IS GONNA --
WAKE ME UP IN A HORRIBLE WAY.
YOU KNOW BECAUSE I WILL WORK FOR
A COMPANY THE AGAIN.
AFTER WORKING FOR THIRTY YEARS
ON MY OWN I'M SIXTY FIVE YEARS
OLD I DON'T THINK I COULD DO IT.
I KNOW I CAN'T DO IT.
SO THEREFORE YOU NEED TO TAKE IN
CONSIDERATION PEOPLE LIKE MYSELF
IT'S A LOT OF US IN HERE.
AND IN --
DYNAMICS IS NOT GOOD FOR THE
PEOPLE LIKE MYSELF AND THE
OTHERS THAT WERE SPEAKING BEFORE
YOU THANK YOU SIR.
GOOD MORNING MY NAME IS CARMEL --
I ORIGINALLY STARTED WORKING ON
AN APP CALLED HANDY.
AND DESERVE IT IS YOU WANT ONE
MOMENT MA'AM IF IF YOU CAN TAKE
CONVERSATIONS OUTSIDE THE ROOM
WANT TO MAKE SURE EVERYONE HAS
THE RESPECTED ESERVERS ARE AT
THE MICROPHONE.
THANK YOU [inaudible]
A GUIDE.
YES AGAIN MY NAME IS CARMEL I
STARTED WORKING ON AN APP CALLED
HANDY.
AND BASICALLY.
HAND IT COULD BE A GREAT
OPPORTUNITY FOR BOTH THE WORKER
AND AN INDEPENDENT CONTRACTOR.
TODAY I JUST REALLY WANT TO TALK.
ABOUT HANDY AS A WORKER BECAUSE
REALLY THAT'S ALL I WISE ON
HANDY --
THEY BASICALLY CONTROL
EVERYTHING WE HAD NOT
TRANSPARENCY WE COULDN'T DECIDE
THE LOCATION WE WERE NOT PAYING.
ARE PAID --
OVER TIME WE WERE NOT PROTECTED
BY OUR SAFETY HOWEVER.
WE HAD NINE UP THE BENEFITS
WHICH IS.
JUST REGULAR WORKER BENEFITS.
ARE THE DAY THANK YOU MA'AM
AGAIN BILL FOR THE BACKBOARD
MORE -- TO
OUR OFFICES.
TONY LATER LATER CHECKING I WANT --
TO MAKE A FEW POINTS --
OF DYNAMICS VERSES BITTER
INDEPENDENT.
OWNER OPERATOR IN CALIFORNIA
INDICTED.
THE EMPLOYEES ARE THE PLAINTIFFS --
DID NOT OWN THEIR OWN VEHICLES
A. RELEASED FROM DYNAMAX A TRUE
INDEPENDENT OWNER OPERATOR OWNS
HIS OWN TRUCK.
THEY HAVE THEIR OWN OPERATING
AUTHORITY IN DYNAMAX THEY HAD TO
RUN ON THE TO THE OPERATING
AUTHORITY OF DYNAMAX --
THE OTHER THING IS THEY HAD TO
HAVE THE DYNAMAX LOGO ON THERE.
VEHICLE MATURE INDEPENDENT OWNER
OPERATOR HAS ITS OWN LOGO HE
PAYS HIS OWN EXPENSES.
ZONE DMV FEES HE'S RECOGNIZED BY
THE DMB AS AN OWNER OPERATOR AS
AN INDEPENDENT BUSINESS OUR
PATROL RECOGNIZES AND OWNER
OPERATOR WITH MARK MOTOR CARRIER
PERMIT AS AN INDEPENDENT
BUSINESS AND SAME THING WITH THE
THEIR RESOURCES BOARD. ONE THING
IF YOU CONSIDER LEGISLATION.
IF IF STATE OF CALIFORNIA HAS
THE ISSUE A PERMIT OR A LICENSE
AND YOU HAVE SIGNIFICANT
INVESTMENT.
IN EITHER EQUIPMENT OR EDUCATION
THAT'S TO CLASSIFY YOU AS AN
INDEPENDENT CONTRACTOR THANK YOU
SIR.
SERENA BROKER YEAH CAN YOU I
JUST ONE QUESTION I'VE BEEN
WAITING TO ASK SINCE YOU SEEM
VERY KNOWLEDGEABLE ON THIS.
SO WHAT ON PUBLIC WORKS PROJECTS
SO YOU ADJUST YOUR YOUR HOW THAT
THE PAYMENT OF YOUR INDEPENDENT
CONTENT LIKE.
YOU'RE UNDER D. I. R. IN
PREVAILING WAGE CRACKED.
SO SO YOU DO GO BACK AND FORTH
BETWEEN A SEMI.
SO THIS WORK I'M PUBLIC ON
PUBLIC PROJECTS THAN.
IT'S BEEN ABLE TO WORK IN A WAY
THAT WORKS FOR BOTH THE DRIVER
AND THE BROKER.
AND IT IT WOULD BROKER AND IT.
RIGHT BUT IN IT IT WOULD SATISFY
THE DYNAMAX DECISION CRACKED.
WE CANNOT HARD INDEPENDENCE OKAY
NOW I JUST WANNA MAKE SURE.
SORRY I DON'T IT BUT I JUST
WANNA MAKE SURE THAT WE'RE CLEAR
THAT.
CURRENTLY CURRENTLY UNDER
TODAY'S LAWS THAT BROKERS TO
KIND OF GO BACK AND FORTH
DEPENDING ON A PUBLIC OR PRIVATE
JOB YES THANK YOU.
THANK YOU.
I'M A DISTRIBUTOR OF THIS HARD
GOT A FALL.
I'M AN OWNER OPERATOR TO KNOW
THE LAST TEN SPEAKERS ARE ALL
PRETTY MUCH OWN ROBBER'S IT DID
NOBODY'S REALLY COVERED THAT
OVER EVERY COULD TALK ABOUT
DRIVERS AND IN OVER DRIVERS AND
STUFF LIKE THAT THAT'S A YOU
KNOW THOSE GUYS ARE MAKING
EXTERMINATE CHIU THERE BECAUSE
LIKE CHOOSE OUR JOB.
AND EVERYBODY EACH DOLLAR WE
MAKE IT INTO LIKE FOR MAYBE AN
OWNER OPERATOR I'LL MY OWN TRUCK.
AND WENT TO THE SAME THING I HAD
TO BUY A NEW TRUCK AND GO
THROUGH THAT WHOLE PROCESS WITH
CARP.
WHICH IS ANOTHER PROBLEM
CALIFORNIA HAS NO IN OTHER
STATES THERE BY AND ARE DIRTY
TRUCKS AND USE ON THERE AND NO
PROBLEM.
YOU KNOW THAT THAT DOES THAT
MAKE ANY SENSE.
THANK YOU SIR [inaudible]
MISSION.
GOOD AFTERNOON I'M ELDORADO ON
BEHALF OF THE DIRECT SELLING
ASSOCIATION OUR ASSOCIATION IS
THE NATIONAL TRADE ASSOCIATION
FOR COMPANIES THAT MARKET
PRODUCTS AND SERVICES.
DIRECTLY TO CONSUMERS THROUGH AN
INDEPENDENT OCCUPATIONAL FORCE
LIKE MARY KAY OUR BOND AVON
THOSE ARE SOME OF OUR MEMBERS.
ROUGHLY 75% OF DIRECT SELLERS IN
THE CALIFORNIA ARE WOMEN IN
APPROXIMATELY 90% OVERALL JR
DIRECT SELLERS OPERATE THEIR
BUSINESS IS PART TIME.
WE ARE PLEASED TO REPORT WE HAVE
HAD ONGOING DISCUSSIONS WITH
LABOR TO HELP RECOGNIZE THE
UNIQUE NATURE OF THIS THANK YOU.
THINKING SO MUCH.
THE PROSPECT EIGHTY PEOPLE
OUTSIDE SO THAT'S WHY I'M HOME
REALLY GOT A HOLD PEOPLE TO
THIRTY SECONDS APOLOGIZE.
HI MY NAME IS CHRIS SHAPE FROM
AN ATTORNEY --
STARTED --
REPRESENTING A DEPEND
CONTRACTORS AND BUSINESSES --
IN SILICON VALLEY THIRTY YEARS
AGO.
ENDED UP WINNING THE CASES I HAD
AGAINST THE ET DE.
ENDED UP NEGOTIATING THE LAW OF
INDEPENDENT CONTRACTOR OF
REGULATIONS TITLE TWENTY TWO C.
C. R.. FORTY THREE OH FOUR DASH
FOR LANCE RIGHT OUT.
I WANT YOU TO TAKE A HARD LOOK
AT DYNAMIX IN THE APPLICATIONS
AND DON'T FORGET FOOTNOTE FIVE
FOOTNOTE.
FIVE INDICATES IT DOES NOT COVER
EXPENSES IF IT DOES NOT COVER
EXPENSES THAT MEANS IT'S NOT
PART OF THE CASE SO PROBABLY
BURRELL STILL APPLIES IF YOU'RE
GONNA DECIDE.
OPERATOR FOR EXPENSES THANK YOU.
YEAH I'M DAVID YOU HAVE BEEN
INDEPENDENT MOTOR CARRIER SINCE.
NINETEEN EIGHTY FOUR AS
INDEPENDENCE WE ENJOY THE
FREEDOM. TO CHOOSE WHERE AND
WHEN WE WORK WHO WE WORK FOR AND
WHAT DISPATCHES WE TAKE WITH THE
CLIENT -- I
THINK THE FINANCIAL
OPPORTUNITIES AVAILABLE TO US OR
ALMOST LIMITLESS.
WE ARE WE HAVE A CHANCE TO GROW
OUR BUSINESSES.
AND EXPAND OUR CHOICES IN LIFE I
HOPE YOU CONSIDER THE
RAMIFICATIONS AB FIVE WILL HAVE
ON THE INDEPENDENT CONTRACTORS.
IN ESPECIALLY THE SMALL
INDEPENDENT MOTOR CARRIERS THINK
CALIFORNIA HOA WHO THANK YOU
SOME OF THE STATE.
THANK YOU.
MR TURN MEMBERS BY BACK ON
BEHALF OF TWO MEDICAL PHYSICIANS
SPECIALTIES RADIOLOGY PATHOLOGY
ALLOW MY COMES WITH HER BAD IN
TERMS THE IMPACT ON THESE
FISHING GROUPS THE CONTRACT.
AS INDEPENDENT CONTRACTORS
BEYOND THAT THEY OFTEN HAVE
THEIR OWN GROUP PRACTICE OUTSIDE
THE HOSPITAL SO THIS HAS
DRAMATIC IMPACT THANK YOU THANK
YOU.
THANK YOU AMY DURBIN WITH THE
CALIFORNIA MEDICAL ASSOCIATION
ECHO THE COMMENTS MADE BY THE
EMERGENCY PHYSICIANS AND OTHER
MEDICAL SPECIALTIES THANK YOU
THANK YOU.
GOOD MORNING MY QUEST A
REPRESENTING PAINTERS AND ALLIED
TRADES CALIFORNIA NEVADA.
ON MY TIME IS AN ORGANIZER IN
THE ALLEY TRADES --
RECOUNTED MANY INSTANCES WHERE
THE WORK WAS PROMISED ONE THING
OVER THE PHONE PUT ON THE JOB
SITE AND THEN AFTER BEING
EVALUATED BY THE FOREMAN WAS
APPROACHED WE CAN DO MUCH BETTER
AND GIVE YOU ANOTHER DOLLAR TO
AN HOUR TO FORGIVE ALL THE
BENEFITS THAT YOU WOULD ENJOY AS
AN EMPLOYEE.
SO IT'S A IT'S A DISEASE THAT
FACTOR IN THE TRADES TO GET
PEOPLE ON THE JOB AND I'M A
TEACHER THAT HAS THE COMPANY
LOGO ON IT AND THEN ALLOW THEM.
TO CIRCUMVENT ALDER ON WHAT THEY
SHOULD BE GETTING TO BECOME
QUOTE UNQUOTE INDEPENDENT
CONTRACTORS THANK YOU THANK YOU
SIR.
GOOD MORNING MISTER CHAIR
MEMBERS BEVERLY ON BEHALF OF UW
ASKED ME LOCAL THREE NINE THIRTY
WE KNOW THAT MISS CLASSIFICATION
HURTS WORKERS FRIENDS STABLE
UNION JOBS AND ULTIMATELY COST
THE STATE MILLIONS OF LOST TAX
REVENUES SO FOR THIS REASON.
WE URGE TO WE URGE YOU TO
PRESERVE DYNAMAX AND TO SUPPORT
AB FIVE THANK YOU THANK YOU.
GOOD MORNING MADISON WHOLE
PAINTERS AND ALLIED TRADES
DYNAMAX SETS A STANDARD TO
PROTECT WORKERS IN SOME OF THE
MOST VITAL YET LOWEST PAID AN
UNDER REPRESENTED IT INDUSTRIES
IN OUR COMMUNITIES.
I RISE TO ASK THE COMMITTEE
CONSIDER THE PROTECTIONS YOU
ENJOY AS EMPLOYEES OF THE PEOPLE
AND ASK ATTENTION BE MADE TO THE
TENS OF THOUSANDS OF WORKERS AND
IS CLASSIFIED.
AND SQUEEZE FROM PROTECTIONS
SECURITY AND ULTIMATELY THE
MIDDLE CLASS THANK YOU THANK YOU.
GOOD AFTERNOON ROB STOKER
REPRESENTING NORTHERN CALIFORNIA
SHEET METAL WORKERS.
YOU KNOW WE HEAR THROUGHOUT
THESE HALLS --
THE TROUBLE IT PEOPLE ARE HAVING
WITH WAGE INEQUALITY WITH
STAYING INTO THEIR HOMES THEY
DON'T HAVE HEALTH CARE THEY
DON'T HAVE A PENSION.
AND YET WE SEE THE MIDDLE CLASS
SHRINKING AND WE SEE UNION PARK
MEMBERSHIP.
A DWINDLING AS WELL AT TIMES --
SO I THINK WE HAVE TO ASK
OURSELVES WITH THESE COMPANIES
AND CORPORATIONS COMING IN AND
AMASSING BILLIONS OF DOLLARS
EACH YEAR AND PROFIT.
WHAT KIND OF JOBS AND
OPPORTUNITIES TO THE PROVIDING?
BECAUSE WE'RE NOT TRADING OFF IN
THE IN GET THANK YOU.
HELLO MY NAME IS CATHERINE
PORTER I'M WITH THE CALIFORNIA
HEALTHY NAILS LONG COLLABORATIVE
WE WORK WITH.
NAIL SALON OWNERS WHICH ARE
SMALL BUSINESSES AND NAIL SALON
WORKERS WHO ARE LOW WAGE AND
CALIFORNIA TEND TO BE VIETNAMESE
MANY OF WHOM ARE LIMITED.
ENGLISH PROFICIENT THE DYNAMAX
TEST WILL BRING GREATER CLARITY
FOR NAIL SALON OWNERS AND HELP
OF EVEN THE PLAYING FIELD FOR
NAIL SALON OWNERS THAT ARE
ALREADY DOING THE RIGHT THING
AND PAYING --
THEIR STAFF APPROPRIATELY AND
IT'LL HELP INSURE THAT NAIL
SALON WORKERS HAVE THE
PROTECTIONS THAT ANY EMPLOYEES
IN CALIFORNIA WORKERS IN
CALIFORNIA DESERVE THANK YOU
THANK YOU.
HI GOOD MORNING MY NAME IS BILL
GLASSER I'M THE OWNER OF
LANGUAGE WORLD SERVICES I
STARTED MY COMPANY TWENTY YEARS
AGO IN A GARAGE HERE IN
SACRAMENTO IN FIVE YEARS.
INTO MY BUSINESS CYCLE THE EDT
CAM AND NOT FIND ME ALMOST A
HUNDRED THOUSAND DOLLARS FROM
THIS CLASSIFICATION.
INSTEAD OF GIVING THAT MONEY TO
AN ATTORNEY I DECIDED AT THAT
MOMENT TO CONVERT MY WORK FORCE
TO EMPLOYEES.
AND IT WAS THE SINGLE BEST
DECISION I'VE EVER MADE --
I AM AT A COMPETITIVE
DISADVANTAGE FOR THOSE LANGUAGE
SERVICE PROVIDERS THAT USE
CONTRACTORS.
AND IN SAN FRANCISCO WHERE I
HAVE A WORK FORCE I HAVE TO PAY
INTO HEALTHY OPTIONS COMMUTER
BENEFITS AND A WHOLE HOST OF
OTHER THINGS.
JUST LIKE GOOGLE AND SALES FORCE
TO US THANK YOU THANK YOU.
HI GOOD MORNING MY NAME IS BREE
MILLER I'M AN OCCUPATIONAL
THERAPIST NAY CONTRACT IN SCHOOL
DISTRICTS.
AM ALSO AN INDEPENDENT
CONSULTANT WITH OUR BOND.
I AM -- ED
ONLY A SINGLE PARENT AND SOLE
PROVIDER FOR MY CHILDREN.
I TIME IS MY CURRENCY AND
WORKING AS INDEPENDENT
CONTRACTOR ALLOWS ME THE
FLEXIBILITY OF MY TIME IN THIS
AT TEN MAX HAD GREATLY IMPACT
THAT.
THANK YOU THANK YOU.
HELLO I'M THE MANAGING ATTORNEY
WITH WORK SAY FOR AN OAKLAND AND
WE WORK TO REPRESENT THE RIGHTS
OF MULTIPLE A MANY WORKERS WHO
WERE NON UNIONIZED --
DYNAMICS --
IS REALLY IMPORTANT TO WORKERS
WHO DON'T HAVE A UNION.
TO AFFORD THEM PROTECTION --
FOR EXAMPLE WE'VE WORKED WITH --
WORKERS WHO TEMPORARY WORKERS
CONTINGENT DAY LABORS PERMIT
TEMPS PEOPLE WHO'VE BEEN
TEMPORARIES FOR EVER --
TO TRY TO GET THEM THE RIGHTS
THEY WANT SO THE A. B..
AB FIVE PROTECT THESE WORKERS
FROM FALLING INTO --
BEING THIS CLASSIFIED IT GETS
THERE AGAINST THEIR WILL.
WE DON'T HAVE A CHOICE THANK YOU.
MR CHAIRMAN MEMBERS OF THE
COMMITTEE THANK YOU FOR THOUGHT
THIS MORNING I'M BRED DD.
EXECUTIVE DIRECTOR FOR THE
AMERICAN COUNCIL OF ENGINEERING
COMPANIES --
WE HAVE ABOUT A THOUSAND MEMBER
FIRMS -- IN
CALIFORNIA ABOUT TWENTY FOUR
THOUSAND EMPLOYEES --
THE AMERICAN COUNCIL ENGINE
ENGINEERING COMPANIES OR THE
DESIGN PROFESSIONS OF ENGINEERS
AND LAND SURVEYORS --
IT'S A SPECIALIZED PROFESSION
THAT REQUIRES YEARS OF TRAINING
AND EDUCATION.
STATE OF CALIFORNIA HAS BOTH
LICENSURE AND OVERSIGHT
AUTHORITY OVER THE PRACTICE OF
ENGINEERING PROFESSIONALS --
TO ENGAGE IN IT --
CONTRACT ENGINEERS AND LANCE FOR
FOUR YEARS ARE ARE WELL THOUGHT
OUT AND EARNING BETWEEN FIFTY
DOLLARS AN HOUR TWO HUNDRED
DOLLARS AN HOUR --
FOR THOSE WHO SPECIALIZE IN IN
THE CERTAIN PRACTICES WE JUST
HAVE A CONCERN ABOUT THE
DYNAMICS DECISION THAT WE WERE
IN A CERTAINLY WRAPPED INTO THIS.
AND WE ARE HOPING FOR
CLARIFICATION LEGISLATING GOING
FORWARD THANK YOU SIR.
MY NAME'S JACOB BRIAN I'M WITH
THE COALITION OF CALIFORNIA
MOTOR CARRIER PERMIT HOLDERS AND
WHAT THAT ENTAILS.
IS IN THE DYNAMICS DECISION.
ALL BY --
PARTIES INVOLVED DO NOT OPERATE
UNDER THEIR OWN MOTOR CARRIER
PERMIT THE DID NOT HAVE THEIR
OWN AUTHORITY THEY NOT HAVE
THEIR OWN TRUCK THE THEIR TRUCK
WAS LEASED BY THE COMPANY.
AND WHAT I'M TRYING TO SAY IS IF
THE EIGHTY FIVE IS CODIFIED THEY
SHOULD LOOK AT IT AND TRUCKING
SHOULD BE.
HAVING THEIR OWN AUTHORITY THEIR
OWN MORE TO CARRY A PERMIT THEIR
OWN CA.
AND BE ALLOWED TO WORK AND BE
INDEPENDENT AS A WANNABE.
THANK YOU.
HELLO MY NAME'S PATRICK NORTH
I'VE BEEN IN AND OUT OF THE
TRUCKING BUSINESS FOR FORTY
YEARS AS A COMPANY DRIVER I JUST
BOUGHT MY FIRST TRUCK A COUPLE
YEARS AGO I PAID OFF THE FIRST
YEAR I'M DOING VERY WELL AND
VERY HAPPY.
DIVINE INTERMODAL WHO I DRIVE
FOR HAS --
SIXTY OWNER OPERATORS AND WE
ALWAYS -- TO
CONTINUE OUR CHOICE DURING TO
REMAIN FREE AND INDEPENDENT
OPERATORS UNDER THE TEN NINETY
NINE THANK YOU VERY MUCH THANK
YOU.
A CHRISTIAN MOTOR CALIFORNIA
TRUCKING ASSOCIATION I JUST LIKE
TO THANK THE COMMITTEE FOR
PROVIDING THIS FORM TODAY AND
ALSO FOR THE OWNER OPERATORS YOU
CAME TO US SPEAK AND AND THERE'S
DOZENS MORE OUT IN THE HALL
THANK THEM.
AS WELL JUST FOR COMING TO
SUPPORT THE FELLOW TRUCKERS I'M
I THINK WE HEARD A LOT FROM THE
WITNESSES --
TODAY ON THIS COMPLEX AND VERY
NUANCED ISSUE AND SO IN THAT
SPIRIT.
WE LOOK FORWARD TO CONTINUING
THE DISCUSSION IN FINDING A
SOLUTION. TO PRESERVE SMALL
BUSINESS TRUCKING IN CALIFORNIA
THANK YOU.
GOOD MORNING.
JOGIA MONA FIVE IN A TRUCKING
BUSINESS OWNER FOR FORTY YEARS
AND I'M CURRENT OF TWO THOUSAND
NINETEEN PRESIDENT THE
CALIFORNIA TRUCKING ASSOCIATION.
OF THIS RULING AFFECTS A LARGE
PORTION OF OUR MEMBERSHIP LIKE
TO ADDRESS THE TRUE INDEPENDENT
CONTRACTORS YOU'VE HEARD MANY
TIMES PEOPLE WHO.
OWN THEIR OWN TRUCK THEIR OWN
AUTHORITY THEIR OWN INSURANCE
THE TRUE INDEPENDENT BUSINESS
PERSON.
THIS DECISION VIRTUALLY
ELIMINATES THE ANY
ENTREPRENEURIAL OPPORTUNITIES BY
PROVIDING THE THE ABILITY TO
WORK FOR OTHER TRUCKING
COMPANIES THROUGH PRONG BE --
WORDS OF THE VAST MAJORITY A
CARRIERS ON THIS TODAY WORK FOR
OTHER CARRIERS.
AND I THINK THAT PORTION WITH
TRUE INDEPENDENT OF SOME --
CONSIDERATION THANK YOU THANK
YOU.
I NAME IS MIKE WILLIAMS AND I'M
HERE TODAY ON BEHALF OF THE
CALIFORNIA DELIVERY ASSOCIATION
AND THE INTERNATIONAL WAREHOUSE
LOGISTICS ASSOCIATION.
OUR MEMBERS NEED FLEXIBLE
WORKERS THAT CAN ADAPT TO THE
EVER CHANGING TIME CRITICAL
LOGISTICS AND TWENTY FOUR SEVEN
DELIVER DEMANDS OF THE GIG
ECONOMY OF THE TWENTY FIRST
CENTURY.
THE FLEXIBILITY TO PROVIDE FOR
YOUR FAMILY AND QUALITY OF LIFE
FOR THOSE WHO ARE UNABLE TO
COMMIT TO A NORMAL SCHEDULE OR
THAT ARE BUILDING THEIR OWN
BUSINESS IS A BASIC FUNDAMENTAL
RIGHT.
IN WHICH THEY SHOULD HAVE THE
FREEDOM OF CHOICE BUSINESSES
NEED THE ABILITY TO SUBCONTRACT
WORK SO THAT HE DOESN'T FIT
WITHIN THEIR NORMAL OPERATIONS
WHEN STEADY WORK IS NOT
AVAILABLE OTHERWISE THEY WILL
NOT BE ABLE TO SURVIVE.
BASED ON MANY UNINTENDED.
EFFECTS OF THAT I AM ITS
DECISION WE ASK THE COMMITTEE
EXCLUDE.
INTERVAL ROLE FOR THE DECIDING
FACTORS AND TAKE INTO
CONSIDERATION THE DEVASTATING
IMPACT THIS WOULD HAVE A FREEDOM
OF CHOICE IS TAKEN AWAY THANK
YOU.
HI MY NAME IS RACHEL SHE MAKE
I'M HERE FONG IBEW LOCAL.
THREE OH TWO I'VE BEEN A UNION
MEMBER FOR FIFTEEN YEARS AND AS
A WOMAN AND CONSTRUCTION IT'S
BEEN VERY.
I'VE BEEN VERY BLESSED TO BE
ABLE TO TO DO WHAT I'VE DONE.
AND IF YOU.
ALLOW INDEPENDENT CONTRACTORS TO
TAKE OVER CONSTRUCTION AND
THERE'S NO WAY WOMEN WILL EVER
BE ON ANY CONSTRUCTION SITE TO
DO ANYTHING AND NOW I'M
ASSISTANT BUSINESSMAN FROM MY
LOCAL AND THAT IS.
AN EVEN SMALLER PERCENTAGE SO
PLEASE DON'T TAKE AWAY THESE
RIGHTS THAT WE SHOULD HAVE
ESPECIALLY AS A WOMAN GETTING
EQUAL TREATMENT.
THANK YOU.
HELLO MY NAME IS --
MYCORRHIZAL WITH THE TEAMSTERS
LOCAL.
TWENTY TEN AND WE REPRESENT --
THE MINISTRY OF KNOWLEDGE
SERVICES THROUGHOUT THE YOU
SYSTEMS AS WELL AS RECENTLY
SKILLED TRADES WITHIN THE UC AND
CSU SYSTEM.
WE **** WHOLEHEARTEDLY SUPPORT
THE DYNAMIC DECISION AS WELL AS
AB FIVE AND PERSONALLY I WOULD
LIKE TO EXPRESS THAT WHAT I
HEARD A LOT OF THE CONCERNS
ABOUT THE INDEPENDENT A
CONTRACTORS HAVING ALL THESE
COST.
THE REALITIES OF THOSE OF THE
COSTS A BUSINESS THAT A BIT
SHIFTED FROM THE EMPLOYER TO THE
INDIVIDUALS I'M GLAD I DON'T
HAVE TO PAY HUNDREDS OF
THOUSANDS OF DOLLARS TO BE ABLE
TO WORK I'M GLAD THAT I CAN CALL
OUT SICK WHEN I NEED TO TAKE
TIME OFF.
THANK YOU.
MISTER CHAIR MEMBERS JIMMY WOULD
FOR THE CALIFORNIA NEWS
PUBLISHERS ASSOCIATION THE A. B.
C. TEST WILL SILENCE VOICES IN
CALIFORNIA'S COMMUNITIES.
THERE'S A CENTURIES OLD
TRADITION OF THAT NEWSPAPERS USE
HIRING FREELANCE WRITERS HAVE
BEEN IN PLACE SO LONG THEY HAVE
THEIR OWN NAME STRINGERS.
AND THOSE VOICES --
ADD DIFFERENT PERSPECTIVES
DIFFERENT EXPERTISE IS TO PUBLIC
DISCOURSE IN VARIOUS COMMUNITIES.
OF NEWSPAPERS ARE REQUIRED TO
HIRE AS EMPLOYEES EACH AND
EVERYONE OF THOSE INDIVIDUALS IT
JUST WON'T WORK IN THOSE VOICES
WILL BE SILENCE WE LOOK FORWARD
TO WORK WITH YOU TO TRY TO
ADDRESS THAT THANK YOU.
DâN JOHNSTON FROM LOCAL EIGHT
FIVE SIX TEAMSTERS.
I JUST LIKE TO SPEAK TO THE FACT
THAT A LOT OF WHAT'S BEEN GOING
ON HERE TODAY IS TALKING ABOUT
BASIC WORKER RIGHTS --
WE LOOK BACK TO THE YEARS OF THE
LABOR BEHRENS AND THINGS OF THAT
THAT'S WHY UNIONS CAME AROUND
WAS TO FIGHT FOR THE WORKING MAN.
AND AND PROTECTIONS THAT THEY
NEED SAFETY.
HEALTH CARE ALL THE THINGS THAT
ANY AMERICAN HERE TODAY WANTS TO
HAVE.
I DON'T DISREGARD THE PEOPLE WHO
ARE TRUE INDEPENDENT.
OUR TRUCKERS AND ARE PAYING FOR
THEIR SELF BUT THERE'S COMPANIES
THAT ARE TAKING ADVANTAGE OF
PEOPLE AND THAT'S WHAT WE'RE
REALLY TALKING ABOUT HERE.
IS THOSE PEOPLE AND I THINK THAT
THIS COMMITTEE WORK THROUGH AND
FIGURE OUT WHAT'S A FAIR AND
JUST.
WAY TO GO FORWARD THANK YOU.
THE NUMBER IS LESS ARAMBULA
MEMBER THEY WERE SAID THE LITTLE
OVER THEY WON'T.
EAT YOUR CALL MODOC LETTERKENNY
SO BACKED UP WE GOTTA LOVE AC C..
TO HE LET NOT PORTABLE CAN LOOK
AT ALL THAT IMPRESSIVE BUT IT
DOES GIVE US TO GIVE OTHER ONE
THIRTY MA BUT BOX.
AYE MONEY'S GONNA CILIA SHE'S --
US W. W. WORKER FROM S. YEAH YOU
US THE B. W. --
AND SHE'S HERE IN SUPPORT OF AB
FIVE BECAUSE SHE WANTS TO TAKE
THIS THAT YOU WANT TO KEEP MORE
REPORT NOT GO BACKWARDS IN TIME.
ON SO SHE WANTS TO MAKE SURE
THAT HAPPENS THANK YOU.
WHERE DOES THE ADMIN NUMBER IS
LOW NORTH TO WELL?
ONE EITHER PERCENT ALL OF MEAN
JOHNNY THOUGHT THAN WILLING TO
SELL THIS IN A VALUE SYSTEM WILL
SUCK YOU UP FOR YANDLE AVE
SINGLE BUT I'M NOT BUT THEN
MUSCLES OF LANCE'S GAME WITH THE
NEW AUTHORITY EVERYBODY.
UNIFIED AND I DON'T WANT TO GO
BACK THINK YOU AND I WANT. TO TO
SUPPORT --
A. B. FIVE THANK YOU.
THANK YOU.
AND JUST TO CLARIFY BUT WITH
THIS IS NOT A HEARING ABOUT ANY
INDIVIDUAL BILL --
THIS IS A HEARING FOR US TO GAIN
MORE INFORMATION ON THE OVERALL
ISSUE.
BUTTON PUBLIC COMMENT YOU KNOW
PEOPLE ARE.
FREE TO GIVE THE PUBLIC COMMENT
AS TO WHAT THE REFLECTIONS ARE
FROM THIS MORNING.
HI MY NAME IS LUCY LE TARA AND I
WERE PER DAY UNION AS CHIU W. W.
AND I FEEL LIKE I HAVE A HARD
TIME RIGHT NOW.
SO I JUST WANTED YOU GUYS TO PUT
YOUR CAR AND THE LAW. TO PROTECT
OUR COMMUNITY [inaudible]
THANK YOU.
HI MY NAME IS A **** OF THE
MULTI VEHICLES --
ALSO REPRESENTATIVE U. S. W. W.
AS THE SON OF IMMIGRANTS AND
ALSO JANITORS.
I'VE SEEN --
INTO INDEPENDENT CONTRACTORS BE
ABUSED.
I'VE PRESSING SEEN FOLKS SUFFER
THROUGH THIS AND JUST WANT TO
SEE THE DYNAMICS DECISION BE
UPHELD AND WRITTEN INTO LAW BY
SUPPORTING MAYBE FIVE THANK YOU.
THANK YOU.
HELLO MY NAME'S LOUIS MISSOURI
BANK EVENT LOOKED AT SEE ARE YOU
LOCAL TEND TO ONE I'M A SCHOOL
BUS DRIVER --
I'D SUPPORT AB --
FIVE IT'S IT'S A WAY TO PROTECT
OUR LOW WAGE WORKERS FROM MISS
CLASS OF BEING.
NOT HAVING BENEFITS AND
RETIREMENT THANK YOU THANK YOU.
MONIES REQUIREMENTS THE SEIU
TEND TO WANT.
SEX CITY --
I IN SUPPORT OF AB --
FIVE MISS CLASSIFICATION DOES
HAPPEN IT DOES HAPPEN HERE IN
SACRAMENTO --
I THINK THIS BILL WILL --
BUT KEEP THAT FROM HAPPENING
THANK YOU.
MY NAME IS CONSTANTINESCU NAY
EMOND UBER DRIVER IN LOS ANGELES
COUNTY --
I'M ALSO ARTISTIC AND AS A
DISABLED CALIFORNIANS IS THE
FIRST JOB THAT I'VE EVER BEEN
REALLY GOOD AT THAT I REALLY
YEARS I HAVE THIRTEEN THOUSAND
LIFETIME RIDES.
AND I GET NO BENEFITS FROM UBER
THEY TREAT ME AS A SECOND CLASS
WORKER --
I'M ON MEDICARE AND YOU GUYS ALL
PAY FOR MY HEALTH INSURANCE AND
UBER DOESN'T AND THAT'S NOT FAIR
I DON'T SEE THAT AS BEING FAIR.
THANK YOU.
NORM LOPEZ WITH TEAMSTERS LOCAL
NINE FIFTY TWO ORANGE COUNTY AND
I SYMPATHIZE.
WITH THE MY BROTHER FROM
SOUTHERN CALIFORNIA OF THE
DYNAMICS DECISION IS CORRECT AND
WE WANT YOU TO SUPPORT IT AND
CONTINUE THE FIGHT THERE ARE TOO
MANY WORKERS THAT ARE BEING
TAKEN ADVANTAGE.
BY INDEPENDENT CONTRACTOR STATUS
AND WE HOPE WE DO YOU DO THE
RIGHT THING THANK YOU.
MY NAME IS MARLENE CELLS ARE
TEAMSTERS LOCAL.
NINE FIVE TO US WE HAVE SEEN THE
ABUSE THAT GOES ON IN THE PORTS
WITH THAT THE INDEPENDENT TRUCK
DRIVERS SOMETIMES A END UP OWING
THE COMPANY MANY [inaudible]
OF AND THAT IS WRONG SO.
WE URGE YOU. TO TAKE THAT THESE
THINGS INTO CONSIDERATION.
AND WE SUPPORT.
AB.
FIVE THANK YOU.
HELLO MY NAME IS ALAMEDA CARTER
BUSINESS AGES FOR TEACHERS LOCAL
NINE FIFTY TWO AND I SUPPORT AB.
FIVE THANK YOU.
HELLO MY NAME'S LETTER CLASSY
HOME WHAT TEAMSTERS LOCAL NINE
FIFTY TWO AND I WORK FOR ONE OF
THE MAJOR GROCERY CHAINS IN --
SOUTHERN CALIFORNIA'S BEEN FORTY
YEARS --
WORKING RECEIVING.
DEPARTMENT OF THAT SO I'VE DEALT
FIRST HAND WITH A LOT OF THESE
INDEPENDENT DRIVERS THAT COME IN
AND HEARD THEIR STORIES YET ALL.
THE MOBILE MIDDLE HAVEN'T SLEPT
THE THEIR TRAILER FLOORS.
JUST STRUGGLING OF ALSO BEEN
FORTUNATE ENOUGH TO ATTEND --
SO MANY HEARINGS IN LONG BEACH --
HARPER AND AND HEARD THE STORIES
OF MANY MANY --
THE THE DRIVERS AND I THINK
THERE'S ROOM.
FOR BOTH THE THEY INDEPENDENCE
AND SUPPORT THE DONE MIX
DECISION AND AB FIVE THINKING
LIKE YOU.
HI MY NAME IS TONY HM I RUN A
SMALL TRUCKING COMPANY IN SAN
JOSE CALIFORNIA I WORK WITH THE
MANY INDEPENDENT TRUCKERS WHO
RECENTLY PURCHASED.
NEW TRUCKS OF AB FIVE IS THE
ADDRESSING THAT ISSUE RELATED TO
MISS CLASSIFICATION BUT IT'S NOT
LOOKING AT THE INDEPENDENT
TRUCKERS WHO ON THEIR TRUCKS WHO
HAVE MOTOR CARRIER PERMIT
AUTHORITY TO WORK IN CALIFORNIA.
AS INDEPENDENT CONTRACTORS SO WE
JUST WANT SOME CLARIFICATION --
DISTINGUISHING THE MISS
CLASSIFICATION AND INDEPENDENT
TRUCK ON OPERATORS THANK YOU
THANK YOU.
MY NAME'S TONY FLEMING I RUN A
SMALL TRUCKING BROKE REGION --
CENTERS THEY ALSO AND IN OUR
CASE OUR EMPLOYEES ARE NOT PAID
LOW THEY ALL OWN HOMES AND DO
GREAT THINGS WITH THEIR IN THEIR
LIVES AND I THINK THERE NEEDS TO
BE A SPECIFIC CAR ABOUT. FOR
TRUCKING SO THAT IT --
ALLOWS LICENSED AND TRAINED IN
OWN EQUIPMENT TO OPERATE A
BUSINESS AND BEGIN THEIR
BUSINESS WITH ONE PERSON AND ONE
PIECE OF EQUIPMENT AND GROW IT
INTO SOMETHING ELSE.
THANK YOU FOR YOUR TIME.
MY NAME IS MATT LOW I WORK FOR A
BROKERAGE FIRM OF TRUCKING
BROKERS FIRM AS WELL --
WE'RE ASKING THAT WE ADJUST AND
AND ACCURATELY CLASSIFY PEOPLE
INSTEAD OF GOING TO THE B.
PROFIT SO BROAD --
IT'S GOOD FOR SAW BUT NOT MOST
AND CERTAINLY NOT ALL.
THANK YOU.
MR CHAIRMAN MEMBERS TAYLOR JACK
SOME OF THE CALIFORNIA NURSES
ASSOCIATION WE'RE HERE IN STRONG
SUPPORT OF THE DYNAMICS DECISION
IN OUR LABOR BROTHERS AND
SISTERS ARE NURSES ARE SICK OF
SEEING PEOPLE IN THEIR EMERGENCY
ROOM.
WHO DON'T HAVE ACCESS TO HEALTH
INSURANCE OR THE WORKERS
COMPENSATION SYSTEM WHEN THEY
SHOULD BE TRULY EMPLOYEES?
AND ARE CLASSIFIED AS
INDEPENDENT CONTRACTORS SO I
WILL SAY THAT IT'S BEEN OUR
MEMBERSHIP SPECIFIC EXPERIENCE
WITH THIS ISSUE.
INDEPENDENT CONTRACTORS HAS BEEN
AWAY FROM PLAYERS TO GET AROUND
THESE BENEFITS FOR DECADES.
THANK YOU FOR THE THE YOUR TIME
ON THIS ISSUE THANK.
A GOOD AFTERNOON CHAIR AND STAFF --
IN MEMBERS MY NAME'S JACK BUCK
CORN ON THE EXECUTIVE DIRECTOR
OF THE NORTH BAY LABOR COUNCIL
EVERY WORKER DESERVES A BASIC
ECONOMIC SECURITY THAT.
COMES WITH IMPORTANT PROTECTIONS
LIKE MINIMUM WAGE UNEMPLOYMENT
INSURANCE WORK PLACE FREE OF
DISCRIMINATION AND HARASSMENT
AND COMPENSATION IF AN INJURY
OCCURS ON THE JOB.
DON'T ALLOW UNSCRUPULOUS
COMPANIES TO DENY WORKERS HE'S
BASIC RIGHTS AT HOLLOWS OUT
CALIFORNIA'S MIDDLE CLASS LEASE
WORKERS AND THEIR FAMILIES
LIVING ON THE EDGE.
THERE'S NOTHING INNOVATIVE ABOUT
CHEATING WORKERS GREED HAS
ALWAYS BEEN AROUND AS LONG AS
WORK AS WE SHOULD EXPAND THE
UNANIMOUS SUPREME COURT DECISION
IN DYNAMAX.
BEYOND WAGE ORDERS NOT A TWO
HELLO MY NAME IS SASHA FELDSTEIN
I'M WITH THE CALIFORNIA
IMMIGRANT POLICY CENTER I'M HERE
BECAUSE IMMIGRANT WORKERS ARE
LARGELY OVER REPRESENTED IN
INDUSTRIES WHERE MISS
CLASSIFICATION IS RAMPANT.
AND THEY ARE SUBJECT TO
EXPLOITATION AND HARASSMENT AS A
RESULT.
SO I ENCOURAGE YOU TO CODIFY
DYNAMAX TO PROTECT WORKERS
RIGHTS BECAUSE EVERYONE SHOULD
BE ABLE TO WORK IN A FAIR AND
SAFE WORK PLACE THANK YOU THANK
YOU.
GOOD MORNING MY NAME IS WILL SEE
IBM A STATE POLICY DIRECTOR FOR
THE NATIONAL DOMESTIC WORKERS
ALLIANCE AND WE ARE AN
ORGANIZATION THAT ADVANCES THE
RIGHTS OF WOMEN MOSTLY AND
IMMIGRANT WOMEN WHO WORK IN
PEOPLE'S HOMES --
THIS COMMITTEE HAS SUPPORTED --
OUR FIGHT TO EXTEND THE BASIC
PROTECTIONS TO WITH OVER TWENTY
THOUSAND DOMESTIC WORKERS IN THE
STATE OF CALIFORNIA.
AND WE APPRECIATE THAT AND PART
OF THAT STRUGGLE INCLUDES THAT
WE GET BASIC INCLUSION IN
CALIFORNIA LOS MANY COMPANIES
ARE NOW MOVING INTO DOMESTIC
WORKER WORK --
IN THE USE OF TECHNOLOGY AND
THOSE SAME WORKERS ARE MISS
BEING THAT'S CLASSIFIED WE FULLY
SUPPORT AB FIVE AND HOPE THAT
YOU PLEASE SUPPORTED.
TO THANK YOU.
MISTER CHAIR AND MEMBERS HELLO
MY NAME IS AMY HEINZ STRIKE I'M
THE LEGISLATIVE AND POLITICAL
DIRECTOR FOR THE UNIVERSITY
PROFESSIONAL AND TECHNICAL
EMPLOYEES COMMUNICATION WORKERS
OF AMERICA LOCAL NINETY ONE
NINETEEN WE REPRESENT FIFTEEN
THOUSAND WORKERS AND THE
UNIVERSITY OF CALIFORNIA SYSTEM
THAT ARE --
PROFESSIONAL AND TECHNICAL
TITLES INCLUDING I. T. WORK --
WE ARE STAUNCHLY OPPOSED TO A
ROADING THE GOOD MIDDLE CLASS
PAYING BENEFITS OF PUBLIC SECTOR
WORK TO PRIVATIZATION AND THE
RACE TO THE BOTTOM THAT.
FONG FLEA AND MISS CLASSIFYING
FOLKS AS INDEPENDENT CONTRACTORS
THAT BRINGS TO THE TABLE IS JUST
A RACE TO THE BOTTOM THAT WE
STAUNCHLY OPPOSED THANK YOU
THANK YOU.
HELLO MY NAME IS JENNY CASSIDY
I'M THE DIRECTOR OF THE
CALIFORNIA WORK AND FAMILY
COALITION.
IN STRONG SUPPORT OF AB FIVE OF
THE DYNAMICS DECISION.
WE BELIEVE THIS IS AN ISSUE OF
ECONOMIC SECURITY FOR FAMILY IS
THAT PEOPLE NEED JOBS THEY NEED
TO BE ABLE TO PAY INTO PAID
FAMILY LEAVE.
BE ABLE TO TAKE PAID SICK DAY
THIS IS A VERY.
THANK YOU THANK YOU.
AND I GET A REMINDER THAT THIS
IS NOT ABOUT ANY INDIVIDUAL BILL
I'M NOT GONNA TELL PEOPLE WHAT
TO SAY IN PUBLIC COMMENT --
BUT REFERENCING INDIVIDUAL BOWED
MAY NOT MEAN A LOT TO THE
MEMBERS UP HERE BECAUSE THEY
HAVE BEEN FOR THE MOST PART MOST
MEMBERS HAVEN'T SEEN.
OF THAT PARTICULAR BILL BUT BUT
I APPRECIATE FOLKS HAVING
OPINIONS AND AND FEEL FREE TO
SEARCH LIKE.
THANK YOU ELLIE MATSUMURA THE
CALIFORNIA DIRECTOR FOR THE
PARTNERSHIP FOR WORKING FAMILIES
WE REPRESENT ORGANIZATIONS
THROUGHOUT THE BAY AREA SOUTHERN
CALIFORNIA AND THE CENTRAL COAST
BUILDING THE POWER OF WORKERS
AND THEIR COMMUNITIES.
COVERING OVER TWO THIRDS OF THE
STATE AND WE STAND IN STRONG
SUPPORT OF A STANDARD THAT WILL
ENSURE THAT THE LEGISLATURE'S
MEETING ITS BASIC RESPONSIBILITY
TO SET A FLOOR. FOR WHAT WORKERS
DESERVE AND CAN EXPECT WHEN THEY
SHOW UP AND DO A JOB --
EMPLOYMENTS THE EMPLOYMENT
ARRANGEMENT HAS A VARIETY OF
MANIFESTATIONS OF THERE'S A LOT
OF ROOM FOR FLEXIBILITY WHEN WE
HEAR THAT SETTING HIGHER
STANDARDS FOR WHAT IT MEANS TO
BE AN INDEPENDENT CONTRACTOR.
CURBS FLEXIBILITY THAT'S WHAT
WE'RE HEARING ABOUT THE
FLEXIBILITY TO ERODE THE THOSE
RIGHTS AND INCREASE ECONOMIC
INEQUALITY SO WE STAND IN STRONG
SUPPORT OF A HIGHER STANDARD IN
THE A. B. C. TEST THANK YOU.
MISTER CHAIR NUMBER STAPLING
BORDERS ON BEHALF OF THE FAMILY
BUSINESS ASSOCIATION OF
CALIFORNIA WE WOULD ECHO SOME OF
THE CONCERN CHAIRED BY OTHERS.
TODAY AND APPRECIATE THE
OPPORTUNITY TO ASK FOR
FLEXIBILITY IN OUR WORK FORCE TO
MEET THE UNIQUE NEEDS OF OUR
COMMUNITY THANK YOU.
THIS RETURN MEMBERS MICHAEL --
I RESPECT THAT CONCERNS ABOUT
ABUSE AND MISS CLASSIFICATION
AND RACE TO THE BOTTOM AND WE'VE
DISCUSSED THIS WITH MANY OF THE
MEMBERS OF THE COMMITTEE AND
WITH OUR FRIENDS IN LABOR.
I WOULD ASK THAT YOU TRY AS TO
FLEXIBILITY I COULD TALK ALL
AFTERNOON ABOUT OUR VARIOUS
CLIENTS AND THEIR INDIVIDUAL
ISSUES BUT I'LL JUST GIVE YOU AN
EXAMPLE.
AND I THINK IT'S ONE YOU'RE
FAMILIAR WITH THE COURT
REPORTING INDUSTRY HAD A HAS A
THESE ARE PEOPLE YOU KNOW IF
YOU'RE A LAW FIRM IN SACRAMENTO
AND YOU HAVE A DEPOSITION IN EL
CENTRO YOU'RE GONNA CONTRACT
WITH THE COURT REPORTING ENTITY
WHICH IN TURN IS GOING TO
CONTRACT.
WITH A PROFESSIONAL WELL PAID
PROFESSIONAL TO GO TO EL CENTRO
AND TAKE THE DEPOSITION IT IS A
LONG TIME BUSINESS MODEL THAT
HAS WORKED.
AT HAS NOT RESULTED IN ABUSE AND
IT HAS TO BE THAT WAY YOU CAN'T
POSSIBLY HAVE EMPLOYEES ALL OVER
THE STATE SO I COULD GO THROUGH
A LOT OF EXAMPLES LIKE THAT AND
I DISCUSSED IT WITH YOU BUT I'D
ASK THAT THIS CONVERSATION
CONTINUE IN A ABSOLUTELY.
BALANCED WAY THANK THANK YOU.
HELLO MY NAME IS JODIE GINSBERG
AND I AM AN INDEPENDENT
CONTRACTOR GRAPHIC ARTISTS AND I
STAND IN STRONG SUPPORT.
OF THE DYNAMICS DECISION AND AB
[inaudible]
FIVE THANK YOU.
GOOD MORNING MISTER CHAIR
MEMBERS CORNELIUS BURKE I'M WITH
THE BAY AREA COUNCIL REPRESENT
THE BAY AREA BUSINESS COMMUNITY
WE HAVE GRAVE CONCERNS FOR THE
NEW ABC TASS.
TELL SET FORTH IN DYNIX SURGEON
I END UP IN A CONTRACTORS.
YOU KNOW PROVIDE GREAT WAGES TO
PUT FOOD ON THE TABLE AS MORE
FAMILIES WE SUPPORT MODERNIZING
LABOR LAWS.
BUT PLEASE LEAVE FLEXIBILITY.
COMPANY BEEN A CONTRACTORS I
ENCOURAGE WITH THE CONVERSATION
TODAY LOOK FOR TO WORK WITH WITH
YOUR MEMBERS ON THE COMMITTEE.
THANK YOU.
HELLO --
HELLO MEMBERS AND GOOD AFTERNOON
MR CALLER NICE TO SEE YOU ALL
THE WAY FROM SAN JOSE TO HEAR I
THINK ALL GOES WELL.
MY NAME IS CANDY FROM FROM --
YELLOW CAB CHECKER SAN JOSE --
CALIFORNIA I BELIEVE IN
FLEXIBILITY I AND IS THERE
ANYONE ELSE THAT WOULD LIKE TO
SPEAK ON PUBLIC COMMENT.
I JUST HAVE ONE LAST THING --
SIR YOU ADD THAT I WANTED I NEED
NEED YOU HAVE TO KEEP ONE THING
IN MIND THIS IS IT THIS IS IN A
ONE SIDED --
AT AGE ISSUE EIGHT SOMETHING TO
CO EXIST WE JUST WANT TO MAKE
SURE THAT YOU GUYS UNDERSTAND
THAT. 887% ALWAYS WE DO IN ORDER
TO BE AN INDEPENDENT CONTRACTORS
AND THAT IT ISN'T JUST WHETHER
YOU'RE GOING TO BE AN
INDEPENDENT CONTRACTOR OR AN
EMPLOYER UNDERSTAND THANK YOU.
THANK YOU ANYONE ELSE THAT
HASN'T HAD A CHANCE TO SPEAK THE
LIKES BECOME PUBLIC COMMENT.
WELL IT'S TROUBLE THREE SO IT'S
PRETTY GOOD YEAH HE GOT DONE BY
TWELVE OR THREE BUT I JUST WANT
TO THANK EVERYONE EVERYONE THAT
CAME TO PUBLIC COMMENT SOME CAME
FROM.
MANY PARTS OF THE STATE.
I KNOW YOU SPENT A HALF A DAY
HERE -- AWAY
FROM WORK IN MANY CASES SO WE
UNDERSTAND AND RESPECT --
OF THE FACT THAT YOU TOOK THE
TIME OUT TO DO THAT.
AND MAIL THIS IS AGAIN GOING TO
BE AN ONGOING CONVERSATION THAT
EVEN BEYOND THIS PARTICULAR CASE.
I REALLY DO BELIEVE IT HAS TO DO
WITH WHAT ARE EXPECT NOT JUST IN
TWO THOUSAND NINETEEN BUT THE
NEXT FIVE TEN TWENTY YEARS TO
COME WITH THE CHANGES THAT WE
SEE WHETHER IT BE WITH
TECHNOLOGY WITH AUTOMATION.
OR APPLICABLE DIFFERENT
RELATIONSHIPS BETWEEN EMPLOYER
AND EMPLOYEE IS THIS IS
SOMETHING THAT WE'RE GONNA BE
GRAPPLING WITH AND SHOULD BE
GRAPPLING WITH AS A LEGISLATURE.
FOR MANY YEARS TO COME THIS
PARTICULAR SUPREME COURT CASE
HAS CERTAINLY PUT A PARTICULAR
ASPECT OF IT INTO THE FOREFRONT
AND THAT'S PART PARTLY WHY OTHER
WAS A COMMENT AS TO WHY THERE'S
SO MUCH.
SO SO MANY FOLKS TALKING THE
EITHER IN FAVOR ONE SIDE MORE SO
THE OTHER WHILE.
THE LOG LAND RIGHT NOW IS
DYNAMICS AS IT WAS REALLY
IMPORTANT FOR US TO START BY
GETTING UNDERSTANDING OF WHAT
THAT CASE MEANT --
RATHER THAN HEARING DISSENTING
OPINIONS TO THE CASE BECAUSE WE
ARE NOT.
JUSTICE IS NOT GOING TO WE'RE
NOT GONNA BE MAKING OF LEGAL OF
RULINGS ON IT AND SO.
IT'S REALLY IMPORTANT I THINK --
AND I APPRECIATE EVERYONE THAT
SPOKE AS PANELISTS TODAY IN
ORDER TO HELP TO SET CONTACTS --
FOR HOW WE'RE GOING TO PROCEED
GOING INTO THE FUTURE --
I ENCOURAGE EVERYONE TO STAY
ENGAGED --
BUT OBVIOUSLY I THINK EVERYONE
THAT HAS SPENT THE TIME TO BE
HERE TODAY AS WELL AS THOSE THAT
HAVE BEEN OBSERVING UP OF THE
THE STREAMING OF IT AND WHAT
HAVE YOU.
UNDERSTAND NOW HOW COMPLEX THIS
ISSUE A DID THIS MORNING TRYING
OUR BEST.
EIGHT AND THERE WILL LIKELY BE
ONE OR MORE BILLS WHO KNOWS THAT
COMES FORWARD --
BUT TODAY THIS MORNING WAS
REALLY ABOUT US AS A COMMITTEE
AB STARTING TO GET AN
UNDERSTANDING OF WHAT REALLY --
IS AT STAKE BUT ALSO TO
UNDERSTAND THE IMPACT.
THAT NOT JUST THE CASE BUT THE
THE CONCEPT MISS CLASSIFICATION
HAS ON WORKERS ON EMPLOYERS AND
ON THE CALIFORNIA ECONOMY SO I
WANT TO THANK EVERYONE SO MUCH
FOR BEING HERE.
ARE THERE ANY.
FINAL THOUGHTS FROM MY
COLLEAGUES OKAY LOOKS LIKE --
WE'RE GOOD TO GO SO THANK YOU
ALL SO MUCH ONCE AGAIN I LOOK
FOR TO KEY IN THE CONVERSATION
THANK YOU