[conspire] Ballot Analysis

paulz at ieee.org paulz at ieee.org
Mon Oct 26 10:34:55 PDT 2020


 On his /election-2020-11-03 page Rick wrote:
Also as always, this page includes separate "RM partisan analysis" sections for each issue/candidate, just in case you're curious what I personally think. No, I'm not lobbying to persuade, in part because that doesn't work.

One thing I like about CABAL is that we can disagree without being disagreeable.   Here is why I am inclined to vote in favor of #22 regarding Uber drivers.
Years ago, a lot of companies reclassified people from employee to independent contractor, which I will abbreviate at IC.  If memory is correct.  Allstate did this to their sales force and I believe they remain as IC’s. 
When Uber and Lyft started, it was reasonable that because drivers set their own hours, and choose where they drove and provided their own equipment (car) they should be IC’s.  Only after ride-share got to be a big business was there some grumbling and some drivers talked to their representatives in Sacramento.  
Meanwhile, a case involving a package delivery company named Dynamex was slowly moving through the system to the CA Supreme Court.  Back in 2005, Dynamex had re-classified its drivers to IC.  In 2018, it was ruled that the Dynamex drivers should be employees. 
Within months, AB5 was passed and codified the Dynamex decision into state law.  So, yes Uber and Lyft are violating AB5. 
My issue is that AB5 covers, not only drivers, but names many other professions that had been getting on just fine.
Musicians were the original gig workers.  After AB5, and some further discussions between the government and unions, it is possible for a musician to be IC, but the contract has to be approved by the union.  I don’t know how this is helpful to a new band that just wants the experience of playing in front of a live audience, or an experienced group that can demand a wage much more than the typical unionized employee.
Free lance writers are specifically limited in the number of articles they can submit to any given publisher each year.
Before AB5, I could take occasional assignments as a technical consultant.  Those opportunities went away with AB5.  If I wanted to resume may have to get a PE license, or go to the hassle of forming an LLC or jump through some other equally complicated hoops.
BTW, if you are considering a position as an independent contractor, it is important to get an effective wage rate aat least 50% more than your hourly rate as an employee.  Companies pay a lot for each employee for various taxes and EDD and paid vacation and insurance and …  As an IC you will have  to cover these expenses and know what to include on your tax returns.
I haven’t bothered to crunch the numbers for a Lyft driver, but they are adults and should be able to figure out if it works for themselves.  That includes the intangible benefit of flexible hours.
So if the TV spot is correct and 4 out of 5 app-based drivers prefer the IC status that is what they should have.  The other gal should go from delivering pizzas to being an employee baking pizzas.


    On Wednesday, October 21, 2020, 09:57:12 PM PDT, Rick Moen <rick at linuxmafia.com> wrote:  
 
 Quoting Paul Zander (paulz at ieee.org):

> This is the plan for counting votes.  All ballots received at the
> county Registrars Office by Friday October 30 will be validated and
> the actual ballots staked in bins. At 8:00 PM on Tuesday the counting
> machines will process them.
>
> Next batch are ballots received from for in-person voting at polling
> places.  Lastly the ballots delivered after Friday will be checked for
> post mark date and counted after the other batches.
>
> So for most expedient processing of your ballot, get it delivered to
> the registrar in your county by Friday.

Very timely -- and it happens to be the case that members of my
household intend to do in-person voting on the Thursday or Friday before
Election Day.  This strikes me as giving the optimal combination of 
positive confirmation of delivery with avoiding crowding by sidestepping
peak attendance.

Also of possible interest:  My ballot analysis is _almost_ done.
Sorry about the delays.  (There have been a few distractions.)


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