I think the positive intentions will have negative consequences which are suprisingly contradictory to the thought as it would impact entrepreneurial initiatives for many as well. This will be interesting!
You know if this was legislation I’d say they meant well. But this was the state Supreme Court. I think they just think it’s an accurate interpretation of existing employment law. Consequences aren’t their problem or purview.
I think everything will depend on the work experience you have. For me, after having worked for years, if they offer me to be an employee, I obviously choose not to, because I work on my own, and I have my own business, but for a newly graduated person I think it's a good opportunity
Good point. Maybe it will shift opportunities from more experienced people to newbies. Good for the newbies, but I'm not sure about those of us receiving services. I kind of prefer companies to assign work I'm receiving to more experienced people.
Seems to me to be yet another way to try to control people, and what they do. I am not too sure what the effect would be, but I could see a lot of freelancers trying to create workarounds by becoming ever more specialized in what they do; relabeling their skill set. If a company already has technical writersl you stop being a technical writer and declare yourself some kind of "specialist" with a narrower focus than most companies would have on staff.
Having worked long and hard for autonomy, the prospect of becoming an employee is not appealing.
I think the freedom to have both employs and independent contractors, even in the same field and company brings more value overall to all parties.
That being said, since this is a state Supreme Court ruling, based on existing law, this is what they should have done. Interpret existing law and rule based on it.
If this ruling will create anomalies, I believe the law should be changed. So it's the law maker's job then, not the Court's, to fix things.
a worker can only be hired as an independent contractor if they perform a job that is not part of a business’ “usual course.”
Assuming that freelancer has registered business and providing some services. Like for instance: positioning your website or promoting your social media accounts.
That would be fully "usual course". How would it work now in that case?
Does this law apply only in US or elsewhere? Any idea?
This is only in California. I think it’s for the company being there. If you were a website designer freelancing for a CA company, you could only keep doing it now if they don’t do web design as a service their business provides to customers OR they have only freelancers working there.
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I think the positive intentions will have negative consequences which are suprisingly contradictory to the thought as it would impact entrepreneurial initiatives for many as well. This will be interesting!
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You know if this was legislation I’d say they meant well. But this was the state Supreme Court. I think they just think it’s an accurate interpretation of existing employment law. Consequences aren’t their problem or purview.
Posted using Partiko iOS
I think everything will depend on the work experience you have. For me, after having worked for years, if they offer me to be an employee, I obviously choose not to, because I work on my own, and I have my own business, but for a newly graduated person I think it's a good opportunity
Good point. Maybe it will shift opportunities from more experienced people to newbies. Good for the newbies, but I'm not sure about those of us receiving services. I kind of prefer companies to assign work I'm receiving to more experienced people.
Seems to me to be yet another way to try to control people, and what they do. I am not too sure what the effect would be, but I could see a lot of freelancers trying to create workarounds by becoming ever more specialized in what they do; relabeling their skill set. If a company already has technical writersl you stop being a technical writer and declare yourself some kind of "specialist" with a narrower focus than most companies would have on staff.
Having worked long and hard for autonomy, the prospect of becoming an employee is not appealing.
Bright Blessings!
I think so too. Being an employee is a step backward for many professionals. It’s right for some, but it should be a choice, not mandate.
Posted using Partiko iOS
I think the freedom to have both employs and independent contractors, even in the same field and company brings more value overall to all parties.
That being said, since this is a state Supreme Court ruling, based on existing law, this is what they should have done. Interpret existing law and rule based on it.
If this ruling will create anomalies, I believe the law should be changed. So it's the law maker's job then, not the Court's, to fix things.
Agreed entirely. They did their job enforcing a poorly written law.
Hi @indigoocean
Assuming that freelancer has registered business and providing some services. Like for instance: positioning your website or promoting your social media accounts.
That would be fully "usual course". How would it work now in that case?
Does this law apply only in US or elsewhere? Any idea?
Yours
Piotr
This is only in California. I think it’s for the company being there. If you were a website designer freelancing for a CA company, you could only keep doing it now if they don’t do web design as a service their business provides to customers OR they have only freelancers working there.
Posted using Partiko iOS
thank you for your explanation @indigoocean
Yours, Piotr
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