valerie wrote: Looks like the primary concern is with large companies such as uber and other ride
share and food delivery services. In this regard, it is understandable but still a bit
Uber was just an EXAMPLE, the law applies to ANY company that classifies workers as independent contractors or freelancers. They did not say it applies to large corporations or Uber like companies. ANY company under California state law. There are some industries that are exempt, but mostly professional (Lawyer, Doctor, Dentist, etc.), and other companies exempt must pass a test to meet all requirements. There are other exemptions if the freelancer has a registered company and offering his services in the same trade so for instance if you are a web designer, you can open an LLC and offer services as Web Designer. Also it applies to companies which offers freelance positions in the same fields they are hiring for, so a web design company cannot classify web designers as freelancers, unless they operate as a business, and not an individual.
Other articles mentioned crowd sourcing, bug bounty, and other companies hiring online.
There are already other states that passed this years ago, like Arizona, etc, eventually it will apply to most/all states.
As far as Figure Eight, it might be a grey area, because it is not figure eight that sets pay, it is the individual task authors, SO this means they may be outside the scope of the new bill. So in terms of tasks and surveys it is a big question mark, but one fact is that the bill will concern millions of both online and offline freelancers/contractors.
It is unclear if it concerns only California state workers or if it applies to contractors outside state, though from my understanding of the article, it applies to the company within state law, if so, then it would extend to basically ANY contractor from any location.
As far as Uber, Lyft, etc, they are investing millions of $ to fight this bill to overturn it, they said they had no intentions of classifying their drivers as employees
Another interesting fact that was not discussed, CrowdFlower (now Figure Eight) was involved in lawsuits on the same matter, just google "crowdflower litigation" and you will see a full list of cases. Crowd Sourced companies are being sued, so it is an industry that may be at risk. These lawsuits occurred years ago, but they are interesting to read.
Now google "crowdflower settlement", the first results in google contains this:
CrowdFlower agreed to pay $585,507 to settle a class action lawsuit brought by crowdsourced workers who claim they were misclassified as independent contractors and paid less than the legal minimum wage, according to court records. ...
If you dig deeper you will see that most workers got only a few dollars, and some got over $5k each, though class action suits mostly benefits the lawyers, but by principle the whole crowd sourced industry is based on exploitation, and a lot of companies online use this loophole to classify workers as contractors to avoid paying them fair wages.
This is the reason why most international members do not sue them, they NEED the money, this is PROBABLY (theory) why all the good tasks and earnings from tasks go to international members (non tier 1).
SO after this bill passes in January, it is likely that there would be more similar lawsuits against such platforms. The only option I guess is for companies to relocate in areas outside the jurisdiction of the law, though if most states adopt the law, it will be pointless, so they'd have to relocate in another country. AGAIN, people can thank the Democrats for this bill which will put millions of freelancers out of the job. Some people make it a career to work as a freelancer, there are specific trade skills you can do if you have them, there are entire marketplaces based on freelance work.
On UPWORK for example the MINIMUM hourly clients can set is $3. It's very common to see companies crowd sourcing work and targeting international crowd, who would gladly work for $3/hour for a job that normally should pay $20/hr on the marketplace.
GPT was never meant as a contractor program. As a contractor, you are in fact liable
for the contract you agree to. In GPT we are not in contract. We're not forced to do
anything. That goes for surveys and tasks.
In a contract, you can be taken to court and sued. You are liable for what you
contracted to do.
We are proposed offers and tasks with specific work to do and in return get paid money for service rendered. This IS a legally binding contract. In theory, if you do work without receiving pay, you CAN sue. Question is, will a person sue a GPT because they did not get paid their $2 for a completed survey ? Unlikely, it's going to cost them more money in legal fees - LOTS LOTS LOTS of money, which is why class action suits are more common, BUT in the end the lawyer gets the big piece of the cake and the plaintifs represented by the suit get peanuts, so it's never a good idea to sue unless it is a significant amount of money or if you can prove damages, financial loss, etc....... So individual GPTs are at low risk for being sued - However, crowd sourced companies (the providers of work) will be at a higher risk once the bill is in effect in the new year.
The issue these days as you Darkstar2 have made very clear, you are relying on GPT
as a 100% source of income. GPT was never intended as a 100% source of income.
It was meant as extra money in one's spare time.
You would be surprised Valerie. Maybe for Tier 1 countries, but for non Tier 1 countries they rely heavily and solely on online work - Ask many of the international members in specific countries, the money they earn on GPT is what is supporting their families, putting food on the table, etc. YES it is unusual for GPT to be 100% source of income for a Tier 1, but my case is an unfortunate situation that I will not discuss - Unfortunately we do not have Trump here, we have a Prime Minister that has only but put this country into pile of debts and deficit and gauging Canadian tax payers of money. Canadian economy is not as strong as expected, some provinces have had higher unemployment rate this year. in fact the general unemployment rate is up, this is what happens when Liberals run the country.
YET the Canadian government has TONS of money to help people outside the country, opening the flood gates and throwing money they claimed they do not have, instead of helping its own people first, instead of addressing the issue of poverty, health care, etc. There are LOTS of Canadians relying on supplement income. For so many years I have had a main job + GPT as supplement income, unfortunately for now, it is GPT main income and going through my savings. In some poor countries, they have no choice, and gladly would work on those low paid jobs, sadly, even though they are exploited, they know that they would be in dire situations without that money, and sadly companies are making billiions of $ exploiting this market.
Well, I gotta run out for a bit. Interesting topic.
Why certainly Valerie, all my topics are interesting