Re: [messengers] Misclassification of Independent Contracto rs – Happy 2012!

Date: 19 Jan 2012 16:17:26 +0100
From: Corey W Hilliard <coreythecourier@xxxxxxxxx>


I fully support the law and the idea that bike messengers should be classified as employees rather than independent contractors. 

The reality is that as one company folds after being forced by the gov't to pay the riders properly, another underground company starts hiring rookies that do not know the laws or the rules to the system. Enforcement that focuses on one company at a time rather than all companies across a city or state is a temporary fix that in the long run becomes ineffective. 

Corey the courier

Sent from my iPod

On Jan 19, 2012, at 9:22 AM, "Joel Metz" <magpie@xxxxxxxxxxxxxxx> wrote:

> 
> yeah, "budget problems" - like having to pay the workers comp insurance
> and their half of payroll taxes they should have been paying all along.
> "budget problems" usually means "wed like to cut your wages, but not
> ours".
> 
> theres no "squealer that makes your company classify everyone as an
> employee" - the federal govt makes your company classify employees as
> employees, rather than fraudulently classifying them as ICs. calling the
> person who calls them out on fucking their messengers over a "squealer" is
> rich.
> 
> i understand the possible perception that having a job where youre getting
> screwed is somehow better than losing that job because you called out the
> company on screwing you, but...
> 
> -joel
> 
>> Something similar happened to one of the larger companies in NYC. The
>> couriers got their bonuses/overtime/taxes payed, but then due to budget
>> problems, the company began downsizing.
>> 
>> It is rotten eggs to be an IC or rotten apples to be the squealer that
>> makes your company classify everyone as an employee. Either position is a
>> no win situation.
>> 
>> Corey the courier
>> Manhattan messenger of mayhem
>> 
>> Sent from my iPod
>> 
>> On Jan 18, 2012, at 3:15 PM, Kirk Dungan <happycourier13@xxxxxxxxx> wrote:
>> 
>>> I'm guessing, you get to go find a new job as depending on the extent of
>>> the fines the company just might shut down and if not shut down then
>>> reorganized in a way where the couriers still get fucked. I suspect this
>>> legislation will have as many if not more negative effects on the
>>> industry as positive. That's my cynical retired old fart perspective but
>>> I could be wrong.
>>> 
>>> 
>>> 
>>> ________________________________
>>> From: Mark Hayward <hayward_mw71@xxxxxxxx>
>>> To: "robert@xxxxxxxxxxxxxxxxxxx" <robert@xxxxxxxxxxxxxxxxxxx>;
>>> "messengers@xxxxxxxxx" <messengers@xxxxxxxxx>
>>> Sent: Wednesday, January 18, 2012 9:46 AM
>>> Subject: Re: [messengers] Misclassification of Independent Contractors
>>> – Happy 2012!
>>> 
>>> So if I am a courier working in California misclassified as an IC what
>>> do I get if my company is fined?  Do I get overtime, vacation etc.?
>>> Anyone know?
>>> 
>>> Mark
>>> 
>>> From: "robert@xxxxxxxxxxxxxxxxxxx" <robert@xxxxxxxxxxxxxxxxxxx>
>>> To: messengers@xxxxxxxxx
>>> Sent: Monday, January 16, 2012 8:04:30 PM
>>> Subject: Re: [messengers] Misclassification of Independent Contractors
>>> – Happy 2012!
>>> 
>>> 
>>>> On Mon, Jan 16, 2012 at 3:12 PM, Joe Hendry <messvilleto@xxxxxxxxx>
>>> wrote:
>>>>> Last Messenger Appreciation Day (October 9, 2011) California Governor
>>> Jerry Brown signed Senate Bill 459 (SB 459) that imposes strict
>>> penalties on employers who willfully misclassify workers as independent
>>> contractors. . .
>>> 
>>> 
>>> 
>>> Here's hoping this law gets used to take on companies that beat down
>>> their
>>> entire work force with IC classification, or that put a lot of new hires
>>> and seasonal people working full time in a uniform, in the IC box.
>>> 
>>> Our small worker-owned company got heat from Oregon for giving people a
>>> few days of vacation relief work, at a time when other companies had
>>> full-time workers on IC status.
>>> 
>>> And, uh, lawyers?  Who know the law and are supposed to uphold it, but
>>> get
>>> a free pass?  Guess we know who made that law.
>>> 
>>> Robert
>>> 
>>> 
>>> 
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>> 
> 
> 
> -- 
> joel metz : magpie@xxxxxxxxxxxxxxx : http://www.blackbirdsf.org/
> magpie messenger collective   :    http://magpiemessenger.com/
> 
> 
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