Community

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

2 months 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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Activism

Community Opposes High Rise Development That Threatens Geoffrey’s Inner Circle

City Council chambers were full for the May 17 Planning Commission hearing, and almost all the 40 speakers who had signed up to make presentations talked about the importance of the Inner Circle as part of Oakland and Geoffrey Pete as a stalwart community and business leader who has served the city for decades.

Published

1 day ago

May 30, 2023

Oakland Post

Geoffrey Pete went to City Hall to appeal the city Planning Commission’s approval of the high-rise development that threatens the closure of his 44-year historic cultural mecca. Photo by Jonathan ‘Fitness’ Jones.

By Ken Epstein

An outpouring of community supporters – young, old, jazz lovers, environmentalists and committed Oakland partisans – spoke out at a recent Planning Commission hearing to support Geoffrey Pete and his cultural center – The Inner Circle – an historic Oakland landmark whose future is threatened by a proposed skyscraper that out-of-town-developer Tidewater Capital wants to build in the midst of the city’s Black Arts Movement and Business District (BAMBD).

The speakers argued passionately and persuasively, winning the sympathy of the commissioners, but were ultimately unsuccessful as the Commission unanimously approved the high-rise to be built either as a residential building or office tower on Franklin Street directly behind Geoffrey’s building.

Mr. Pete has said he would appeal the decision to the City Council. He has 10 days after the hearing to file an appeal on the office building. His appeal on the residential tower has already been submitted.

Mr. Pete said the Planning Department still has not published the boundaries of the BAMBD. “Tidewater’s applications and subsequent applications should not be approved until the Planning Department fully acknowledges the existence of the BAMBD,” he said.

“This (proposed) building poses a grave danger to the historic (Inner Circle) building next to it, arguably Oakland’s most meaningful historic building,” Pete said.

“We’re here to advocate for what’s best for the African American district and community that has gotten no representation, no advocacy, as of yet,” he said. “The (commission) is guilty, the City of Oakland is guilty, and Tidewater is guilty.”

One of the first speakers was Gwendolyn Traylor, known as Lady SunRise, who directly addressed the developers.

“With all due to respect to your business, it’s not a need of this community. I would like to ask you to reconsider the location …What is being (promised) here does not add to the healing of this community,” she said.

Naomi Schiff of the Oakland Heritage Alliance emphasized that Geoffrey’s Inner Circle is a treasure of Oakland’s history.

“Our first concern is the integrity of the historic district, in particular the former Athenian-Nile Club, now Mr. Pete’s equally historic venue, which has been the location of a great number of important community events,” she said. “It would not be OK with us if the integrity of the building were damaged in any way, no matter how much insurance (the developer bought) because it is very difficult to repair a historic building once it’s damaged.”

The Inner Circle was previously owned and operated by the Athenian-Nile Club, one of the Bay Area’s largest all-white-male exclusive private membership club, where politicians and power brokers closed back-room deals over handshakes and three martini lunches.

Cephus “Uncle Bobby X” Johnson pointed out that commissioners and the city’s Planning Department have “acknowledged that you went through the entire design review process without even knowing that the Black Arts Movement and Business District existed.”

The district was created in 2016 by City Council resolution. “At the heart of the opposition to this building is the desire to further the legacy of local Black entertainment and entrepreneurship exemplified by businesses like Mr. Pete’s … a historical landmark and venue (that serves) thousands of people who listen to jazz and other entertainment and hold weddings, receptions, and memorial services,” said Uncle Bobby.

This development is taking place within a context in which the “Black population in Oakland has decreased rapidly … because of the city’s concentration on building houses that are not affordable for people who currently live in Oakland,” he said.

John Dalrymple of East Bay Residents for Responsible Development said, “This project will result in significant air quality, public health, noise, and traffic impacts. He said the city has not adequately studied the (unmitigated) impacts of this project on the Black Arts Movement and Business District.

“This project is an example of what developers are being allowed to do when they don’t have to follow the law, and they don’t have to be sensitive to our city’s culture and values,” he said. The commission should “send a signal today that we will no longer be a feeding ground for the rich.”

Prominent Oakland businessman Ray Bobbitt told commissioners, “Any decision that you make is a contribution to the systemic process that creates a disproportionate impact on Black people. Please do yourself a favor, (and) rethink this scenario. Give Mr. Pete, who is a leader in our community, an opportunity to set the framework before you make any decision.”

Though the City Council created the BAMBD, the 2016 resolution was never implemented. The district was created to “highlight, celebrate, preserve and support the contributions of Oakland’s Black artists and business owners and the corridor as a place central historically and currently to Oakland’s Black artists and Black-owned businesses.”

The district was intended to promote Black arts, political movements, enterprises, and culture in the area, and to bring in resources through grants and other funding.

Activism

Community Meeting on Crime and Violence

Join Oakland City Councilmember Dan Kalb to discuss the uptick in crime and violence in District 1 and across Oakland. Representatives from the Oakland Police Department will be in attendance. This event will be held in-person and online.

Published

1 day ago

May 29, 2023

Oakland Post

Oakland City Councilmember Dan Kalb

Tuesday, May 30, 2023
6:30 p.m. – 8 p.m.

Oakland Technical H.S. Auditorium
300-340 42^nd St.
Oakland, CA 94611

For more information, contact District 1 Chief of Staff Seth Steward: ssteward@oaklandca.gov, 510-238-7013.

Bay Area

UniverSoul Circus Opens in Richmond

Described by show organizers as a highly interactive combination of circus arts and theatre that spans musical genres, UniverSoul Circus will feature flipping motorcycles, stilt dancers, Fire Limbo Benders, ancestral carnival characters, clowns, flamboyantly costumed dancers and more “in a celebration of energy.”

Published

1 day ago

May 29, 2023

Oakland Post

Clowns who perform with UniverSoul Circus. Photo courtesy UniverSoul Circus.

By Kathy Chouteau | The Richmond Standard

UniverSoul Circus kicked off its Bay Area run under the Big Top at Hilltop Mall last week with the performances continuing during various times through Sun., June 19.

The UniverSoul Circus is a single ring circus, established in 1994 by Cedric Walker and Calvin “Casual Cal” Dupree, an African American man who had a vision of creating a circus with a large percentage of people of color performing. He began searching for people from all around the world with incredible talents. Richmond police Chief Bisa French and City Manager Shasa Curl were set to be guest ringmasters for the opening night show.

“Get ready to be amazed and frightened at the terrifying, gravity- defying acrobats on the Wheel of Death or the bold, breathtaking daredevils on the High Wire,” said UniverSoul Circus in a statement about the show.

This season’s theme is, ‘We All Belong,’ according Walker, the circus founder and CEO. “We all belong to one human race. Everyone is coming together, different cultures, different people, a new transcultural fusion, a new generation inclusive and together in a UniverSoul Experience!”

Venue:
Hilltop Mall
2200 Hilltop Mall Rd, Richmond, CA 94806

Showtimes:
Thurs-Fri: 7:00 p.m.
Sat: 11:30 a.m., 3:30 p.m., 7:30 p.m.
Sun: 11:00 a.m., 2:30 p.m., 6:30 p.m.

Box Office Hours:
Tues: 11:00 a.m. – 6:00 p.m.
Wed-Fri: 11:00 a.m. – 8:00 p.m.
Sat: 9:00 a.m. – 8:30 p.m.
Sun: 9:00 a.m. – 7:30 p.m.
Mon: 10:00 a.m. – 5:00 p.m. (Memorial Day)

Tickets range from $27.50 to $60 depending on your seat and you can purchase them on Ticketmaster. Visit www.universoulcircus.com for more info.