Workers’ Compensation Lawyer San Diego, CA

California Prop 22 Myth Buster #2

San Diego workers' compensation attorney

Employee VS. Independent Contractor and MAGA

Many of you have probably started seeing the commercials paid for by Uber, Lyft and Doordash regarding the AB 5 legislation, which was passed indicating these workers were actually employees rather than independent contractors. (Please see December 2019 blog.)

As I had pointed out in my prior blog we knew this legislation would not be the final word on this issue of these workers being independent contractors versus employees. It was anticipated that this proposition was coming, and when last checked, it appeared that Uber, Lyft and Doordash had paid close to $181,000,000.00 to get you to vote in favor of this Proposition 22.

The State of California Department of Labor Standards Enforcement estimates the cost of workers being misclassified as independent contractors instead of employees cost the State of California over $7 billion dollars annually, which California general taxpayers, you and me, have to make up.

How Prop 22 could continue to hurt workers

One of the commercials in support of Prop 22 is of a man saying he does not need another 9 to 5 job as he already has one of those. He does the driving for Uber/Lyft on the side to generate extra money.

We have all heard and seen the phrase, MAGA. It used often to reference the era of the 50s', 60s' and 70s' when workers graduated from H.S. and went right into full-time employment. They worked for their employers for 40+ years earning enough money from the one job to afford the American Dream - buy a house, buy a car, send kids to college, have good health insurance provided in part by the employer and retirement savings. The need to work a secondary job, part-time or full-time, was not necessary.

It is sad that in today’s world individuals have to go out to earn extra money because they cannot make enough money working their chosen 9 to 5 jobs or get enough benefits from that job to live the American Dream.

I would put forth to those of you considering whether to vote yes or no on Prop. 22, the problem is not that these workers should be independent contracts or employees, because under the current and prior law they are employees. The bigger societal question is why does somebody who already has a 9 to 5 job have to work another job to make sufficient income to support their family, buy a house, have health insurance or have a retirement plan, i.e. to live the American Dream?

It is a sad state of affairs when such measures are necessary for workers. I fear voting yes for Prop 22 will do nothing more than continue the failures of making America great again. It will just serve to perpetuate employers not paying these 9 to 5 workers sufficient funds and benefits to support their families as they could when America was great.

While some may disagree with the above, I dare say many would agree to the fact a worker needs to work a second job is not a reason for them to have to be an independent contractor versus being an employee. Why can't a worker be an employee of both a 9 to 5 job and for a second job with Uber, Lyft or DoorDash? By being an employee, the worker gets the protections provided by law for both jobs. Is that such a bad thing? Isn't that what making America great again is all about?

If you were hurt on the job, you deserve workers’ compensation benefits

If you sustained an injury on the job, it doesn’t matter if you work 9 to 5 or a part-time side job on the weekends. You deserve to obtain compensation to cover medical expenses and wage loss.

That’s why it’s critical that you know your rights and speak to an experienced San Diego workers’ compensation attorney at the Law Office of Robert A. McLaughlin. Attorney McLaughlin can help ensure that all paperwork is properly filled out during the filing process and all documents are prepared for trial. He can also advocate for a fair financial settlement on your behalf.

To learn more, contact us online and schedule your free case review.

Categories: Posts