The right to work flexible hours does not require a worker to be an independent contractor – just requires a good employer
As we stated in our December 2019 blog post, we knew the issue of whether or not Uber, Lyft, Doordash and Instacart drivers were employees or independent contractors wasn't over with the passing of AB 5 legislation or the California Supreme Court decision in Dynamex. The fight was just beginning.
With the passage of AB5 and the Dynamex decision, millions of California workers gained fair labor, disability, and civil rights protections when reclassified as employees instead of independent contractors.
The companies opposing this change promised a ballot initiative where they were going to spend millions of dollars (currently $181 million) to convince the California public their workers should remain as independent contractors.
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.
Do only independent contractors have work flexibility?
One of the advertisements seen lately in support of Prop 22 is of a woman indicating she needs the flexibility of being an independent contractor for one of the car services because she is a single mom.
In reality, this has nothing to do with whether or not she is an independent contractor or an employee. Many companies offer their employees flexibility in their working schedules, as well as working locations. As an example, since the advent of COVID-19 many employees are working from home and are not necessarily working a traditional 9:00 to 5:00 schedule.
There is nothing that prevents a good employer from providing their employees with a flexible work schedule. In fact, our office provides such flexibility to our employees. That doesn't make them independent contractors. They are still employees.
This fallacy that only an independent contractor has the flexibility to set their own hours is just that, a fallacy. Any employer who is a good employer will offer their employees as much flexibility around their work schedule as possible, especially for single parents.
Don't believe these ads and just ask yourself, would a good employer allow an employee the flexibility he or she needs? The answer is a resounding YES. The answer isn't they must be an independent contractor to get the flexibility they need.
The real facts are these companies that are pushing Prop 22 don't want to be GOOD employers. Worse yet, these companies want the rest of the California public to pick up the $7 billion dollar tag for their not being good employers and good California citizens.
Contact our San Diego law firm for help with your workers’ compensation claim
Whether you work a flexible schedule or work from home, you still have the right to obtain workers’ compensation benefits if you were hurt on the job. An experienced attorney at the Law Office of Robert A. McLaughlin in San Diego can help you through the complex process of filing a workers’ compensation claim and preparing your case for trial.
To get started, simply contact us online and schedule your free case review.