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After Judge’s Gig Worker Ruling, Advocates Want Protections for Contract Nurses, Too

McKenzie Young is a traveling nurse from California who works in Hawaii. She gets placements through an agency that connects her to temporary jobs around the state and country. Her assignments can last anywhere from a couple of weeks to months at a time. When Young returns to the mainland, she plans to sign up on a nursing placement app for shorter-term freelance nurses who get paid by picking up shifts at nearby medical facilities.

Published

1 year ago

April 7, 2023

Oakland Post

Some advocates say hospitals should classify nurses they hire through apps as employees, not as contractors. Photo courtesy of CBM

By Edward Henderson
California Black Media

When Young returns to the mainland, she plans to sign up on a nursing placement app for shorter-term freelance nurses who get paid by picking up shifts at nearby medical facilities.

Currently, her gig in Hawaii pays Young by the hour. She gets medical insurance through the hospital to which she is assigned, and she opts to pay out-of-pocket for her own individualized retirement plan.

“If you can do it smart that way and make sure you’re giving what you should and set up the accounts you need, I can put even more into my retirement because I’m making more,” Young said. “It’s hard going back to (being on) staff.”

Young says more nurses would opt for freelance work if they knew how flexible and lucrative it can be. And because there is a nursing shortage, she never has to worry about not finding temporary assignments.

As more nurses like Young enter the gig economy seeking higher pay rates and more control over their work schedules, some advocates assert that hospitals that contract nurses often misclassify them as independent contractors, a practice that comes with “tremendous legal and regulatory risks.”

“When workers are misclassified as independent contractors, there is a damaging domino effect that impacts all levels of our economy. In this case, caretakers were systematically denied minimum wage, overtime and other legally required working conditions,” said California Labor Commissioner Lilia García-Brower.

Nurses have access to various apps that help them find work. Just like dating apps, many of these apps enable users to browse through job options by scrolling or swiping until they find a suitable job, facility and working hours.

Within the spectrum of these healthcare staffing apps, some provide 1099 workers who are farmed out as independent contractors. Other companies like IntelyCare and ShiftMed hire healthcare staff as W-2 employees, who are eligible for benefits not accorded to 1099 workers.

On March 13, California Courts of Appeal Justices ruled that Proposition 22 (a 2020 ballot measure that allowed Lyft, Uber and other gig economy platforms to classify their workers as independent contractors rather than employees) is constitutional.

Executive secretary-treasurer of the California Labor Federation, Lorena Gonzalez Fletcher, issued a press release speaking out against the court’s decision.

“Today the Appeals Court chose to stand with powerful corporations over working people, allowing companies to buy their way out of our state’s labor laws and undermine our state Constitution,” Gonzalez Fletcher said. “Our system is broken. It would be an understatement to say we are disappointed by this decision.”

Gonzalez Fletcher, who, as an Assemblymember authored Assembly Bill 5 (AB 5), which established stricter criteria for classifying workers as independent contractors rather than employees, has been a vocal supporter of legislation prohibiting companies from hiring freelance workers to avoid paying them benefits they are entitled to under California’s labor laws.

The distinction between being an employee and independent contractor is very important, advocates like Gonzalez Fletcher point out.

Employees have the right to benefits including sick and family leave, unemployment benefits, minimum wage and more.

With 36% of workers in the U.S. in the gig economy, the battle for these distinctions continues to rage on with both sides contesting court decisions made in the other’s favor.

This past year home healthcare placement agencies were fined $1.8 million by the California Labor Commissioner’s Office for misclassifying 66 workers.

Healthcare app-based staffing company CareRev was sued for misclassifying workers who signed up on the app as contractors.

Advocates point out that the healthcare industry is more regulated than the rideshare industry.

“Any nurse who walks into a long-term care or memory care facility will have a long list of rules and protocols that need to be followed. They are often given access badges, a work schedule, a patient list, and time slots for medication, food, or exercise rotation,” reads a press release that advocates published describing how companies are benefitting from hiring contract nurses and not paying them the benefits that full-time employees must receive by law.

So far, no bill has been introduced in the California Legislature to regulate health care industry staffing apps, but advocates say the problems they are posing will hurt health care workers and the industry writ large.

“Misclassification opens the door for joint employer liability and legal wage and hour disputes,” advocates added in the press release.

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Oakland Post: Week of July 24 – 30, 2024

The printed Weekly Edition of the Oakland Post: Week of July 24 – 30, 2024

Published

12 hours ago

July 26, 2024

Oakland Post

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NNPA NEWSWIRE — Reflecting on his long career, Biden expressed deep gratitude and pride. “Nowhere else on earth could a kid with a stutter from modest beginnings in Scranton and Claymont one day sit behind the Resolute Desk in the Oval Office. But here I am. That’s what makes America special,” he remarked, his voice tinged with emotion.
The post first appeared on BlackPressUSA.

Published

2 days ago

July 25, 2024

Stacy M. Brown

Biden: Our Democracy Demands New Leadership

By Stacy M. Brown, NNPA Newswire Senior Correspondent
@StacyBrownMedia

In an impassioned address from the Oval Office, President Joe Biden laid bare his decision to step down from the 2024 presidential race, urging Americans to embrace a new generation of leadership. “Saving democracy is more important than any title. It’s time to pass the torch to younger voices,” Biden declared in an address that signaled a transformative shift in American politics.

Following his decision over the weekend to bow out of the race for re-election, Biden’s announcement was a clarion call for renewal. Stressing the moment’s urgency, Biden emphasized that the future of democracy depends on fresh, dynamic leadership. He endorsed Vice President Kamala Harris as the embodiment of this new era. “Years ago, I described myself as a transitional candidate, and now it’s time for that transition to take full effect,” Biden said, positioning Harris as the future of the Democratic Party.

While refraining from mentioning former President Donald Trump by name, Biden clarified that he views the twice impeached and 34 times convicted felon Republican presidential nominee as a fundamental threat to democratic values. “My record as president, my leadership on the global stage, and my vision for America’s future all merited a second term,” Biden stated. “But nothing can stand in the way of safeguarding our democracy. That includes personal ambition. So, I’ve decided the best path forward is to pass the torch to a new generation.”

Reflecting on his long career, Biden expressed deep gratitude and pride. “Nowhere else on earth could a kid with a stutter from modest beginnings in Scranton and Claymont one day sit behind the Resolute Desk in the Oval Office. But here I am. That’s what makes America special,” he remarked, his voice tinged with emotion.

Biden acknowledged that doubts about his ability to defeat Trump influenced his decision. “I revere this office, but I love my country more,” he said. “It’s been the honor of my life to serve as your president. But in defense of democracy, which is at stake, I think it’s more important than any title.”

Biden said he is determined to address crucial issues for the remainder of his term. His agenda includes lowering family costs, defending personal freedoms, protecting voting rights, combating cancer, addressing gun violence, and advocating for Supreme Court reform. Internationally, he said he aims to strengthen NATO, support Ukraine, and seek an end to the conflict in Gaza.

Biden’s endorsement of Harris has galvanized the Democratic Party, with Harris swiftly securing the backing of a majority of Democratic delegates. “I’m not going anywhere,” Biden reassured his campaign staff, now supporting Harris. “I’m going to be out there on the campaign trail with her, working tirelessly as both a sitting president and a campaigner.”

The landmark address, along with Biden’s anticipated speech at the Democratic National Convention, could prove pivotal in defining his legacy. “In a few months, Americans will decide the direction of our nation’s future,” Biden stated. “I have made my choice. I’ve expressed my views. Now the decision is in your hands, the hands of the American people.”

In the days before his decision, Biden confided in close advisors about his concerns regarding another run against Trump. His acknowledgment of those doubts underscored his commitment to putting the country’s needs above his ambitions. “The defense of democracy must come before all else,” he reiterated.

As Biden prepares to support Harris in her campaign, he remains focused on his presidential duties. His administration continues to push for significant legislative achievements, reinforcing his enduring commitment to the American people. “In just a few months, the American people will choose the course of America’s future,” Biden said. “The great thing about America is here, kings and dictators do not rule. The people do. History is in your hands. The power is in your hands. The idea of America lies in your hands.”

The post first appeared on BlackPressUSA.

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PRESS ROOM: Reparations Movement Partners Globally Mourn the Passing of U.S. Congresswoman Sheila Jackson-Lee

NNPA NEWSWIRE — we acknowledge the powerful legacy of U.S. Congresswoman Sheila Jackson-Lee. She was a steadfast leader in the fight for reparatory justice, carrying forward the legislative baton from the late U.S. Congressman John Conyers in 2018.
The post PRESS ROOM: Reparations Movement Partners Globally Mourn the Passing of U.S. Congresswoman Sheila Jackson-Lee first appeared on BlackPressUSA.

Published

3 days ago

July 23, 2024

Oakland Post

[July 22, 2024 – Chicago, IL] With an extremely heavy heart and a profound sense of loss, we acknowledge the powerful legacy of U.S. Congresswoman Sheila Jackson-Lee. She was a steadfast leader in the fight for reparatory justice, carrying forward the legislative baton from the late U.S. Congressman John Conyers in 2018. Her relentless efforts nearly brought HR 40 to passage in the House of Representatives in 2022, missing by just one vote. Her leadership was pivotal in advancing the bill out of the Judiciary Committee in April 2021 after a historic debate. Even after her diagnosis, Rep. Jackson-Lee fiercely collaborated with reparations leaders, pushing for President Biden to establish an HR40-like commission by Executive Order. She believed this executive path was crucial for addressing centuries of injustice. Despite setbacks in meetings with the President’s team, she remained optimistic and urged us to stay ready for progress.

The Earn the Black Vote Collaborative formed in 2023 in response to her urging to continue the fight for reparations. On April 25, 2024, the Collaborative released a poll showing significant support for President Biden to issue an Executive Order for Reparations. Congresswoman Jackson-Lee championed the poll’s findings, emphasizing the critical importance of reparations to African American and progressive communities. Her vision was clear: an Executive Order to create a federal reparations commission could drive transformative Black voter turnout and move the ball toward justice. She had wanted the Executive Order done by Juneteenth. Tragically, just a month after Juneteenth, she left us. We have lost a great leader for reparatory justice. In honor of her legacy, we call for the establishment of the Executive Order by President Biden. We extend our deepest condolences to Representative Jackson-Lee’s family. We call on reparation activists, leaders, and legislators globally to stand with us as we honor her legacy. May the Ancestors and the Creator receive her with joy.

About the Author:

Kamm Howard is a national and international reparations scholar and activist working for over 20 years building grassroots movements to obtain reparations for African descendants in the United States.

CONTACT:

Reparations United Phone: 773-985-2990

Email: kamm@reparationsunited.org Website: https://reparationsunited.org/

The post PRESS ROOM: Reparations Movement Partners Globally Mourn the Passing of U.S. Congresswoman Sheila Jackson-Lee first appeared on BlackPressUSA.