Uber Drivers-Employees or Independent Contractors?

The legal uncertainty among Uber drivers will soon be resolved. On September 1^st, a federal judge has certified a class-action lawsuit, which should determine whether Uber drivers are employees or independent contractors.

California has already made some steps toward classifying Uber drivers as employees. “[T]he California Labor Commissioner’s Office said that a driver for the ride-hailing service Uber should be classified as an employee, not an independent contractor.” Thus, it is likely that the class action lawsuit will favor Uber drivers and classify them as employees.

If Uber drivers are classified as employees they would be eligible for well-deserved health benefits, worker’s compensation and work expenses including fuel, tolls, and even car repairs. 

Uber is appealing the class certification, stating that the company does not operate as a taxi service. Rather, it is a “technology platform connecting drivers and passengers.” The company further states that it offers its drivers the flexibility that an employee would not otherwise receive.

It will be interesting to see what the court determines in the near future. I would also be interested to see what are your thoughts on this topic. Please share!

Obama's Proposal to Extend Overtime Pay to Millions of Workers

On Monday President Obama unveiled a proposal to bump the ceiling for those eligible for overtime pay.  Under the current rule, the threshold salary is only 23,660.00 for guaranteed overtime pay. President Obama's proposal doubles the current ceiling, calling for the threshold to be raised to $50,440.00.

By raising the ceiling, millions of workers will now be eligible to earn compensation in exchange for overtime hours worked.  The proposed rule aims to combat income inequality.

Read President Obama's piece on the proposed rule, which will likely take effect in 2016, at http://www.huffingtonpost.com/barack-obama/a-hard-days-work-deserves-a-fair-days-pay_b_7691922.html.

Update (7/3/15): On Wednesday Labor Secretary Thomas Perez said that he believes the new overtime proposal will be published in the Federal Registrar around July 6. The employer community is asked to provide input, especially on how the new rule would impact the workplace. The comment period lasts 60 days once the proposal is published, which would put the end of the comment period around September 4.

Deadline for Nationstar Settlement Claims Ends Shortly and The Dishman Law Office Urges Victims of Unconscionable Mortgage Practices to Seek Advice Immediately

The Dishman Law Office, an aggressive class action, consumer protection firm for over 30 years is urging consumers to come forward if they have been the victim of force-placed insurance or other deceptive mortgage or insurance practices.

Tens of thousands of homeowners have paid for expensive, often unnecessary, force-placed insurance. As a result, many consumers have had their credit ruined, and some have even lost their homes. Certain proposed settlements, including Nationstar, are in place and have a very short time period in which to respond, and require immediate action in order to recover compensation.

The Dishman Law Firm is pursuing force-placed and predatory insurance practices on behalf of consumers committed by the following companies:

           

• Nationstar Mortgage
• PNC Mortgage
• PNC Bank
• OneWest Bank
• Green Tree
• Select Portfolio (Credit Suisse)

Contact:

The Dishman Law Office

Phone: (617) 523-5252            

Email: david@ddishmanlaw.com

Fax: (617) 367-1520

NY Governor Cuomo Responds to Exploitation of Nail Salon Workers

Following a New York Times Report that exposed widespread exploitation of workers in nail salons (http://davidddishman.blogspot.com/2015/05/the-price-of-nice-nails.html), NY Governor Andrew Cuomo has issued a "Bill of Rights" for workers that must be posted in every nail salon in the state.  The Governor also called on customers to question salon policies.

The "Bill of Rights for Nail Workers" are printed in ten languages, including Chinese, Korean, and Spanish.  It advises workers of their rights, regardless of immigration status. This includes information on minimum wage, safety measures that owners must comply with, and actions employers are banned from doing (such a taking tips or wages, denying a meal break, etc.)

The information card given to consumers includes the "top five things to ask when entering nail salons." This includes: (1) are workers paid at least the minimum wage and overtime; (2) is appropriate protective equipment provided to workers and used; (3) is there adequate ventilation; (4) is the salon business license posted in plain view; and (5) is the Bill of Rights for Nail Salon Workers posted in plain view? 
The hope is that reform throughout the industry will occur more quickly if consumers only visit salons that appear to be in compliance with labor and safety regulations.

LA increases minimum wage to $15 per hour

On Tuesday, Los Angeles voted to increase the minimum wage from $9 to $15 per hour by 2020. At $15 per hour, this pay rate will provide one adult with an income above a living wage, which stands at $12.34 in Los Angeles County.
Meanwhile in Massachusetts, the minimum wage will increase to only $11 per hour by 2017, far below a living wage for one adult living in Boston, which is calculated to require at least $13.71 per hour.

To see what the living wage in your area is, visit http://livingwage.mit.edu/.

New York Governor Hopes to Increase the Minimum Wage for Fast Food Workers

After the New York legislature failed to raise the statewide minimum wage, Governor Cuomo unilaterally directed the state labor commissioner to raise the minimum wage for fast food workers to a liveable wage
http://www.nytimes.com/2015/05/11/nyregion/cuomos-push-to-raise-wages-lifts-spirits-of-new-yorks-fast-food-workers.html?_r=0

"The Price of Nice Nails"

The New York Times recently published an article that looks into the practices of nail salons in NYC. The article details the work environment and pay of manicurists in the city, finding extensive exploitation of the workers, who are underpaid and often abused. For example, in one Harlem location manicurists were charged to drink water on the job. Even worse, they often were not even paid on "slow days."
To read the full article, see http://www.nytimes.com/2015/05/10/nyregion/at-nail-salons-in-nyc-manicurists-are-underpaid-and-unprotected.html?_r=0.

A subsequent article looks at the health risks workers in these salons facehttp://www.nytimes.com/2015/05/10/nyregion/at-nail-salons-in-nyc-manicurists-are-underpaid-and-unprotected.html?_r=0.