Judge Says Instacart Misclassified its California Workers (AB5 hurts CA workers again)

Vice ^ | February 25, 2020 | Lauren Kaori Gurley

[DoodleBob]

A San Diego judge said that the grocery delivery app Instacart has misclassified tens of thousands of its California gig workers who pack and deliver groceries as independent contractors.

While the preliminary injunction does not go into effect immediately and is currently limited to San Diego, the decision is a historic first step in enforcing the new California law AB5.

The controversial statute, which went into effect on January 1, was written to reclassify hundreds of thousands of gig workers in California as employees, making them eligible for basic labor rights and protections that tech platforms have conveniently circumvented for years, saving millions of dollars.

The case began when San Diego’s city attorney sued Maplebear, Instacart’s official corporate name, in September.

San Diego “makes a very plausible showing of improper classification,” the court said in its ruling, adding that Instacart can’t “legitimately claim surprise” that it might have to change its business model.

Internal emails obtained by Motherboard that Instacart sent to corporate employees during the case said a loss in San Diego "may affect our operations in California." An email sent to corporate employees by Instacart's general counsel Morgan Fong after the decision Monday night said that the company will immediately dispute the ruling.

...

As independent contractors, Instacart workers are excluded from basic labor rights granted to most workers in the United States. They do not receive overtime pay, worker’s compensation, social security benefits, and are not eligible to form unions or subject to minimum wage laws. To make matters worse, they do not receive compensation for the cost of gas, wear and tear on their cars, or other expenses incurred on the job.

[DoodleBob]

The author seems ignorant of her pro-AB5 bias is effectively supporting the wrecking o the employment market for those who WANT to be contractors.

Then, I did some digging, and I found out why she's so pro-AB5. Ms Gurley; she lives in Brooklyn and thus (for now) she continues to enjoy getting work as a contract employee.

[American in Israel]

AB5 is a stealth push for Union dues from everyone I suspect.

[eyeamok]

As independent contractors, Instacart workers are excluded from basic labor rights granted to most workers in the United States. They do not receive overtime pay, worker’s compensation, social security benefits, and are not eligible to form unions or subject to minimum wage laws. To make matters worse, they do not receive compensation for the cost of gas, wear and tear on their cars, or other expenses incurred on the job.

1. Children shouldn't be Publishing Articles for Adults to read.
2.Independent Contractors are NOT Excluded from any such Labor Rights, they have the Ultimate Right of Saying NO!
3.Everyone, employees and Self Employed pays into and is eligible for Social Security Benefits
4.Independent Contractors get to Deduct Regular Business expenses like Transportation, or just about anything else work related.

When I first saw this stupid law, my first instinctive reaction was that the State Workers Comp System needs a lot more Money to continue the 90% Fraudulent Workers Comp Claims they payout daily.

[E. Pluribus Unum]

Gotta get ‘em unionized so the Democrats can start skimming their paychecks for union dues/political contributions.

[ronbivtx]

We live in Texas. My wife had to drop a California client for her business in Texas because this idiotic new California law would classify her as an employee.

It’s asinine.